HomeMy WebLinkAboutReports - 2023.06.15 - 38257
AGENDA ITEM: Comprehensive Information Technology Service Agreement 2023 Renewals
DEPARTMENT: Information Technology
MEETING: Board of Commissioners
DATE: Thursday, June 15, 2023 7:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3025Motion to authorize the Chairman of the Board to execute Comprehensive
Information Technology Service Agreements including the following Exhibits for services with the
following Public Bodies:
A. 21st District Court - Garden City - Exhibit I,II,VIII
B. 24th DC - Melvindale - Exhibit I,II,VIII
C. 35th District Court - Plymouth - Exhibit I,II,X,VIII
D. 39th District Court - Fraser - Exhibit I,II,X,VIII
E. City of Adrian - Exhibit VIII,X
F. Village of Almont - Exhibit VIII,X
G. City of Ann Arbor - Exhibit VIII,X
H. City of Battle Creek - Exhibit I,II,VIII
I. Canton Township - Exhibit VIII,X
J. City of Dearborn - Exhibit I,VIII,X
K. City of Grosse Pointe Farms - Exhibit VIII,X
L. Hartland Township - Exhibit I,II,VIII
M. Township of Howell - Exhibit I,II,VIII
N. Huron County - Exhibit VIII,X
O. Township of Lapeer - Exhibit VIII,X
P. City of Melvindale - Exhibit VIII,X
Q. City of Milan - Exhibit VIII,X
R. City of Romulus - Exhibit I,II,VIII,X
S. St Clair County - Exhibit VIII,X
T. Township of Swan Creek - Exhibit I,II,VIII
U. City of Tecumseh - Exhibit VIII,X
V. City of Warren - Exhibit VIII,X
W. Washtenaw Community College - Exhibit VIII,X
X. City of Yale - Exhibit VIII,X
Y. City of Ypsilanti – Exhibit VIII,X
Further, upon receipt of final executed agreements from the designated agents or governing body of
the public bodies requesting services, the Oakland County Board of Commissioners authorizes its
Chairperson to execute and enter into these Agreements on behalf of the County of Oakland and
that a copy of any such signed, fully executed, Interlocal Agreement shall be provided to the
Elections Division of the Oakland County Clerk for transmission to the Office of the Great Seal of
Michigan. Be it further resolved that the Department of Information Technology will provide a list of
all public bodies agreeing to the attached Interlocal Agreement along with its quarterly report to the
Finance Committee and that no budget amendment is needed at this time.
ITEM CATEGORY SPONSORED BY
Contract Gwen Markham
INTRODUCTION AND BACKGROUND
The Oakland County Department of Information Technology has developed numerous applications
to more efficiently conduct governmental operations and is sharing certain applications with other
governmental bodies. IT Services Agreements are created with these agencies that utilize these
applications for a period of 5 years. This resolution is to request approval on the renewal of all
Agreements which expire in 2023 for out-of-county agencies.
The State of Michigan has encouraged governmental entities to share services with each other for
efficiency and cost savings. The Oakland County Department of Information Technology has
developed numerous applications to more efficiently conduct governmental operations and is
sharing certain applications with other governmental bodies to improve government efficiency and
as a means of cost recovery.
The Board of Commissioners, pursuant to Miscellaneous Resolution #12153, approved the
Department of Information Technology’s Comprehensive Information Technology Services
Agreement enabling the Department to make additional technology services available to public
bodies. The Agreement enables the County to provide up to fifteen I.T. Services with appropriate
fees, when applicable.
With the adoption of Miscellaneous Resolution #19007, as amended, the Board of Commissioners
clarified that Agreements for public entities within Oakland County and Agreements with public
bodies outside of Oakland County that are solely for Emergency Support Services and IT Security
Advice may continue to be signed by the Board Chairperson, while Agreements with public bodies
outside of Oakland County for all other services, shall be reviewed through the Committee process
and must be approved by the Board of Commissioners before they can be signed by the Board
Chairperson.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Rod Davenport, Chief Information Officer
ITEM REVIEW TRACKING
Gwen Markham, Board of Commissioners Created/Initiated - 6/15/2023
AGENDA DEADLINE: 06/25/2023 7:00 PM
ATTACHMENTS
1. 21ST DISTRICT COURT - GARDEN CITY IT Services Agreement
2. 24th DC - Melvindale IT Services Agreement
3. 35TH DISTRICT COURT - PLYMOUTH IT Services Agreement
4. 39TH DISTRICT COURT - FRASER IT Services Agreement
5. Adrian IT Services Agreement
6. Almont IT Services Agreement
7. Ann Arbor IT Services Agreement
8. BATTLE CREEK IT Services Agreement
9. Canton Twp IT Services Agreement
10. Dearborn IT Services Agreement
11. Grosse Pointe Farms IT Services Agreement
12. HARTLAND TOWNSHIP IT Services Agreement
13. HOWELL TOWNSHIP IT Services Agreement
14. Huron County IT Services Agreement
15. Lapeer Twp IT Services Agreement
16. Melvindale IT Services Agreement
17. Milan IT Services Agreement
18. Romulus IT Services Agreement
19. St Clair County IT Services Agreement
20. SWAN CREEK TOWNSHIP IT Services Agreement
21. Tecumseh IT Services Agreement
22. Warren IT Services Agreement
23. Washtenaw Comm. College IT Services Agreement
24. Yale IT Services Agreement
25. Ypsilanti IT Services Agreement
COMMITTEE TRACKING
2023-06-07 Finance - Recommend to Board
2023-06-15 Full Board - Authorize
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan
Johnson (17)
No: None (0)
Abstain: None (0)
Absent: Ajay Raman, Gary McGillivray (2)
Passed
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AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
21ST DISTRICT COURT - GARDEN CITY
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 21st District
Court - Garden City ("Public Body") 6000 Middlebelt Road, Garden City, MI 48135. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 21st District Court - Garden City 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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 onl y 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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
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Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
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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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
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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.
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: Chief Information Officer,
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: Brandon Crupi,
bcrupi@21stdistrictcourt.com, 6000 Middlebelt Road, Garden City, MI 48135.
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.
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IN W ITNESS WHEREOF, Brandon Crupi hereby acknowledges that he/she has been authorized by a
resolution of the 21st District Court - Garden City, a certified copy of which is attached, or by approval
of the Chief Judge if the Public Body is a Court, 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: _______________
Brandon Crupi
Court Administrator
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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MR 21258 6/17/2021
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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 2
MR 21258 6/17/2021
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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 3
MR 21258 6/17/2021
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.
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 1
MR 21258 6/17/2021
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
1.1 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.
1.2 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.
1.3 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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 2
MR 21258 6/17/2021
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 3
MR 21258 6/17/2021
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 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 VIII
Page 1
MR 21258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
24TH DISTRICT COURT - MELVINDALE
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and 24th District Court
– Melvindale ("Public Body") 6515 Roosevelt Rd, Allen Park, MI 48101. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 24th District Court – Melvindale 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
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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.
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: Chief Information Officer,
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: Court Administrator Dawn Grubbs,
6515 Roosevelt Rd, Allen Park, MI 48101.
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.
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IN WITNESS WHEREOF, John T. Courtright hereby acknowledges that he/she has been authorized by
a resolution of the 24th District Court – Melvindale, a certified copy of which is attached, or by approval
of the Chief Judge if the Public Body is a Court, 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: _______________
John T. Courtright
Chief Judge
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
35TH DISTRICT COURT - PLYMOUTH
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 35th District
Court - Plymouth ("Public Body") 660 Plymouth Rd., Plymouth, MI 48170-6121. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 35th District Court - Plymouth 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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 onl y 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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
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Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
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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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
Page 11 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
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.
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: Chief Information Officer,
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: Pam Avdoulos,
pavdoulos@35thdistrictcourt.org, 660 Plymouth Rd., Plymouth, MI 48170-6121.
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 21258 6/17/2021
IN W ITNESS WHEREOF, Pam Avdoulos hereby acknowledges that he/she has been authorized by a
resolution of the 35th District Court - Plymouth, a certified copy of which is attached, or by approval of
the Chief Judge if the Public Body is a Court, 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: _______________
Pam Avdoulos
Court Administrator
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 1
MR 21258 6/17/2021
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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 2
MR 21258 6/17/2021
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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 3
MR 21258 6/17/2021
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.
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 1
MR 21258 6/17/2021
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
1.1 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.
1.2 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.
1.3 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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 2
MR 21258 6/17/2021
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 3
MR 21258 6/17/2021
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 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 VIII
Page 1
MR 21258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1.DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2.CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3.PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Data with other CLEMIS members upon the recommendation and
counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6.COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7.CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8.TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9.SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 10
10.OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
39TH DISTRICT COURT - FRASER
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the 39th District
Court - Fraser ("Public Body") 29733 Gratiot, Roseville, MI 48066. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the 39th District Court - Fraser 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
1.9.7. 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.
1.9.8. 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 onl y 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
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
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Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
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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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
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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.
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: Chief Information Officer,
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: Donna Navarro, dnavarro@roseville-
mi.gov, 29733 Gratiot, Roseville, MI 48066.
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.
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IN W ITNESS WHEREOF, Donna Navarro hereby acknowledges that he/she has been authorized by a
resolution of the 39th District Court - Fraser, a certified copy of which is attached, or by approval of the
Chief Judge if the Public Body is a Court, 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: _______________
Donna Navarro
Court Administrator
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 3
MR 21258 6/17/2021
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.
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 VIII
Page 1
MR 21258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1.DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2.CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3.PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Data with other CLEMIS members upon the recommendation and
counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6.COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7.CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8.TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9.SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21258 6/17/2021 PAGE | 10
10.OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF ADRIAN
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Adrian
("Public Body") 135 E Maumee St, Adrian, MI 49221. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Adrian 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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
Page 5 of 12
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MR 21-258 06/17/2021
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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Chief Vince Emrick, 135 E Maumee
St, Adrian, MI 49221.
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.
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IN WITNESS WHEREOF, Greg Elliot hereby acknowledges that he/she has been authorized by a
resolution of the City of Adrian, a certified copy of which is attached, or by approval of the Chief Judge
if the Public Body is a Court, 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: _______________
Greg Elliot
City Administrator
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
VILLAGE OF ALMONT
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Village of Almont
("Public Body") 817 N Main St, Almont, MI 48003. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Village of Almont 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.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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 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.
Page 6 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Kimberly J. Keesler, 817 N Main St,
Almont, MI 48003 .
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.
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IN WITNESS WHEREOF, Kimberly J. Keesler hereby acknowledges that he/she has been authorized by
a resolution of the Village of Almont, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Kimberly J. Keesler
Clerk/Treasurer
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF ANN ARBOR
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Ann Arbor
("Public Body") 727 Miller Ave, Ann Arbor, MI 48103. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Ann Arbor 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.
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Chief Amy Metzer, 727 Miller Ave,
Ann Arbor, MI 48103.
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.
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IN WITNESS WHEREOF, Christopher Taylor hereby acknowledges that he/she has been authorized by
a resolution of the City of Ann Arbor, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Christopher Taylor
Mayor
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF BATTLE CREEK
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the City of Battle
Creek ("Public Body") 10 N Division St., Battle Creek, MI 49014. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Battle Creek 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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 onl y 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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
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Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
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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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
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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.
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: Chief Information Officer,
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: Tammy L. Giannunzio,
tlgiannunzio@battlecreekmi.gov, 10 N Division St., Battle Creek, MI 49014.
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 21258 6/17/2021
IN W ITNESS WHEREOF, Rebecca Fleury hereby acknowledges that he/she has been authorized by a
resolution of the City of Battle Creek , a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Rebecca Fleury
City Manager
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 1
MR 21258 6/17/2021
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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 2
MR 21258 6/17/2021
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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 3
MR 21258 6/17/2021
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.
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 1
MR 21258 6/17/2021
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
1.1 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.
1.2 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.
1.3 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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 2
MR 21258 6/17/2021
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 3
MR 21258 6/17/2021
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 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 VIII
Page 1
MR 21258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
TOWNSHIP OF CANTON
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Township of
Canton ("Public Body") 1150 S Canton Center Road, Canton, MI 48188. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Township of Canton 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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Anne Marie Graham-Hudak, 1150 S
Canton Center Road, Canton, MI 48188 .
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.
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IN WITNESS WHEREOF, Anne Marie Graham-Hudak hereby acknowledges that he/she has been
authorized by a resolution of the Township of Canton, a certified copy of which is attached, or by
approval of the Chief Judge if the Public Body is a Court, 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: _______________
Anne Marie Graham-Hudak
Township Supervisor
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
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local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF DEARBORN
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Dearborn
("Public Body") 16901 Michigan Ave, Dearborn, MI 48126. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Dearborn 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.
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Chief Issa Shahin, 16901 Michigan
Ave, Dearborn, MI 48126.
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.
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IN WITNESS WHEREOF, Abdullah Hammoud hereby acknowledges that he/she has been authorized
by a resolution of the City of Dearborn, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Abdullah Hammoud
Mayor
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 2
MR 21-258 6/17/2021
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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 3
MR 21-258 6/17/2021
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.
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 VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
Tier 2
Tier 2.5
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:
Address:
Contact: Phone:
Email:
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
Outside Oakland County
Phone:
In Oakland County
Vendor name:
Address:
Contact:
Email:
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
Outside Oakland County
Phone:
Outside Oakland County
Phone:
Outside Oakland County
Phone:
Outside Oakland County
Phone:
In Oakland County
Vendor name:
Address:_
Contact:
Email:
In Oakland County
Vendor name:
Address:
Contact:
Email:
In Oakland County
Vendor name:
Address:
Contact:
Email:
In Oakland County
Vendor name:
Address:
Contact:
Email:
CRASH Report Payment Amount:
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
Page | 4 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
COUNTY:
CLEMIS Division Director Date
PUBLIC BODY:
Title/Name:
Signature:
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF GROSSE POINTE FARMS
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Grosse
Pointe Farms ("Public Body") 90 Kerby Road, Grosse Pointe Farms, MI 48236 . 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Grosse Pointe Farms 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.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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 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.
Page 6 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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.
Page 7 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Andrea Seidel, 90 Kerby Road,
Grosse Pointe Farms, MI 48236.
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.
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IN WITNESS WHEREOF, Shane Reeside hereby acknowledges that he/she has been authorized by a
resolution of the City of Grosse Pointe Farms, a certified copy of which is attached, or by approval of the
Chief Judge if the Public Body is a Court, 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: _______________
Shane Reeside
City Manager
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
HARTLAND TOWNSHIP
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Hartland
Township ("Public Body") 2655 Clark Road, Hartland, MI 48353. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Hartland Township 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
1.9.7. 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.
1.9.8. 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 onl y 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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
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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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
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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.
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: Chief Information Officer,
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: Kathleen Horning,
treasurer@hartlandtwp.com, 2655 Clark Road, Hartland, MI 48353.
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.
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IN W ITNESS WHEREOF, Kathleen Horning hereby acknowledges that he/she has been authorized by a
resolution of the Hartland Township , a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Kathleen Horning
Treasurer
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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.
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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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
1.1 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.
1.2 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.
1.3 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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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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 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 VIII
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
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local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
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AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
HOWELL TOWNSHIP
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Howell Township
("Public Body") 3525 Byron Road, Howell, MI 48855. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Howell Township 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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 onl y 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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
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Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
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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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
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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.
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: Chief Information Officer,
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: Jonathan Hohenstein,
treasurer@howelltownshipmi.org, 3525 Byron Road, Howell, MI 48855.
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.
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IN W ITNESS WHEREOF, Jonathan Hohenstein hereby acknowledges that he/she has been authorized
by a resolution of the Howell Township , a certified copy of which is attached, or by approval of the
Chief Judge if the Public Body is a Court, 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: _______________
Jonathan Hohenstein
Treasurer
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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MR 21258 6/17/2021
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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
Page 2
MR 21258 6/17/2021
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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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MR 21258 6/17/2021
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.
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 1
MR 21258 6/17/2021
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
1.1 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.
1.2 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.
1.3 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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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MR 21258 6/17/2021
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
Page 3
MR 21258 6/17/2021
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 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 VIII
Page 1
MR 21258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
COUNTY OF HURON
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and County Of Huron
("Public Body") 120 S Heisterman St, Bad Axe, MI 48413. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the County of Huron 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.
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Sami Khoury, 120 S Heisterman St,
Bad Axe, MI 48413.
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.
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IN WITNESS WHEREOF, Sami Khoury hereby acknowledges that he/she has been authorized by a
resolution of the County of Huron, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Sami Khoury
Board of Commissioner Chair
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
TOWNSHIP OF LAPEER
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Township of
Lapeer ("Public Body") 1500 Morris Road, Lapeer, MI 48446. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Township of Lapeer 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.
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Chief Bill Stokes, 1500 Morris Road,
Lapeer, MI 48446.
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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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IN WITNESS WHEREOF, Samantha Kesler hereby acknowledges that he/she has been authorized by a
resolution of the Township of Lapeer, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Samantha Kesler
Township Clerk
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF MELVINDALE
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of
Melvindale ("Public Body") 3100 Oakwood Blvd, Melvindale, MI 48122. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Melvindale 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.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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 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.
Page 6 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: Wheeler T. Marsee Jr., 3100
Oakwood Blvd, Melvindale, MI 48122.
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.
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IN WITNESS WHEREOF, Wheeler T. Marsee Jr. hereby acknowledges that he/she has been authorized
by a resolution of the City of Melvindale, a certified copy of which is attached, or by approval of the
Chief Judge if the Public Body is a Court, 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: _______________
Wheeler T. Marsee Jr.
Mayor
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF MILAN
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Milan
("Public Body") 147 Wabash St, Milan, MI 48160. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Milan 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
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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.
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: Chief Information Officer,
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: Chief Don Tillery, 147 Wabash St,
Milan, MI 48160.
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.
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IN WITNESS WHEREOF, Benjamin Swayze hereby acknowledges that he/she has been authorized by a
resolution of the City of Milan, a certified copy of which is attached, or by approval of the Chief Judge if
the Public Body is a Court, 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: _______________
Benjamin Swayze
City Administrator
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
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local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
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AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF ROMULUS
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Romulus
("Public Body") 11111 S Wayne, Romulus, MI 48174. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Romulus 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
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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.
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: Chief Information Officer,
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: Chief Robert Pfannes, 11111 S
Wayne, Romulus, MI 48174.
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 06/17/2021
IN WITNESS WHEREOF, Robert A. McCraight hereby acknowledges that he/she has been authorized
by a resolution of the City of Romulus, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Robert A. McCraight
Mayor
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
COUNTY OF SAINT CLAIR
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and County of Saint
Clair ("Public Body") 200 Grand River Ave, Suite 203, Port Huron, MI 48060. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Count of Saint Clair 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
Page 3 of 12
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1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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MR 21-258 06/17/2021
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 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.
Page 6 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
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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.
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.
Page 7 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
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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.
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: Chief Information Officer,
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: Dena Alderdyce, 200 Grand River
Ave, Suite 203, Port Huron, MI 48060..
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.
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IN WITNESS WHEREOF, Karry Hepting hereby acknowledges that he/she has been authorized by a
resolution of the County of Saint Clair, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Karry Hepting
Administrator/Controller
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
SWAN CREEK TOWNSHIP
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Swan Creek
Township ("Public Body") 11415 Lakefield Road, St. Charles, MI 48655. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Swan Creek Township 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. Remedial Support Services means providing Public Body assistance with diagnosis
and configuration of Public Body owned system components.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
1.9.7. 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.
1.9.8. 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 onl y 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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
Exhibit X: CLEMIS
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
Exhibit XI: ArcGIS Online
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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
integrit y of Count y’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.)
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21258 6/17/2021
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 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
severit y, 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
either Part y decided, in its sole discretion, to terminate this Agreement or one of the
Exhibits, for any reason including convenience.
11.2. Earl y 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 Section11.
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 WAIVE R. 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.
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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.
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: Chief Information Officer,
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: Tom Krzeszewski,
township@swancreektwp.com, 11415 Lakefield Road, St. Charles, MI 48655.
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.
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IN W ITNESS WHEREOF, Tina Larkin hereby acknowledges that he/she has been authorized by a
resolution of the Swan Creek Township , a certified copy of which is attached, or by approval of the
Chief Judge if the Public Body is a Court, 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: _______________
Tina Larkin
Office Administrator
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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.
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT I
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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.
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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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
1.1 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.
1.2 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.
1.3 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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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MR 21258 6/17/2021
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.
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
I.T. SERVICES AGREEMENT – EXHIBIT II
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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 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 VIII
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
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local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
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AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF TECUMSEH
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Tecumseh
("Public Body") 309 E Chicago Blvd, Tecumseh, MI 49286. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Tecumseh 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.
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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
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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
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 Section11.
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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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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.
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: Chief Brett Coker, 309 E Chicago
Blvd, Tecumseh, MI 49286.
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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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IN WITNESS WHEREOF, Daniel Swallow hereby acknowledges that he/she has been authorized by a
resolution of the City of Tecumseh, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Daniel Swallow
City Manager
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF WARREN
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Warren
("Public Body") One City Square, Warren, MI 48093. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Warren 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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 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.
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I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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.
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
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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.
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: Chief Information Officer,
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: Commissioner Bill Dwyer, One City
Square, Warren, MI 48093.
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.
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IN WITNESS WHEREOF, James R. Fouts hereby acknowledges that he/she has been authorized by a
resolution of the City of Warren, a certified copy of which is attached, or by approval of the Chief Judge
if the Public Body is a Court, 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: _______________
James R. Fouts
Mayor
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
WASHTENAW COMMUNITY COLLEGE
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and Washtenaw
Community College ("Public Body") 4800 E Huron River Drive, Ann Arbor, MI 48105. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
Page 2 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the Washtenaw Community College 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
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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.
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: Chief Information Officer,
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: Chief Jamie Zecman, 4800 E Huron
River Drive, Ann Arbor, MI 48105.
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.
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IN WITNESS WHEREOF, William Johnson hereby acknowledges that he/she has been authorized by a
resolution of the Washtenaw Community College, a certified copy of which is attached, or by approval
of the Chief Judge if the Public Body is a Court, 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: _______________
William Johnson
Vice President
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
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EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
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local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF YALE
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Yale
("Public Body") 111 W Mechanic St, Yale, MI 48097. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Yale 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. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
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1.9.7. 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.
1.9.8. 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
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Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
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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 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.
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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.
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.
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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.
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.
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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
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
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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.
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 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 Chief Information Officer of Information Technology and Public Body’s Agreement
Administrator for possible resolution. County's Chief Information Officer 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
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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
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 Chief Information Officer of Information Technology.
12. SUSPENSION OF SERVICES. County, through its Chief Information Officer 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
Section11. 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.
Page 11 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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: Chief Information Officer,
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: Chief Brian Mahaffy, 111 W
Mechanic St, Yale, MI 48097.
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 06/17/2021
IN WITNESS WHEREOF, Louis Smitherman hereby acknowledges that he/she has been authorized by
a resolution of the City of Yale, a certified copy of which is attached, or by approval of the Chief Judge
if the Public Body is a Court, 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: _______________
Louis Smitherman
City Manager
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)
Page 1 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
AGREEMENT FOR I.T. SERVICES BETWEEN
OAKLAND COUNTY AND
CITY OF YPSILANTI
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and City of Ypsilanti
("Public Body") 1 South Huron Street, Ypsilanti, MI 48197. 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’ 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-terrorisms act, emergency response plans, risk planning
documents, threat assessments and domestic preparedness strategies.
1.4. County means Oakland County, a Municipal and Constitutional Corporation, including,
but not limited to, all of its departments, divisions, the County Board of Commissioners,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or any such
persons’ successors.
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I.T. SERVICES - INTERLOCAL AGREEMENT
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1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Public Body means the City of Ypsilanti 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.
Page 3 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
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1.9.7. Remedial Support Services means providing Public Body assistance with
diagnosis and configuration of Public Body owned system components.
1.9.8. Oaknet Connectivity means use of communication lines and network equipment
maintained by County for the transmission of digital information whether leased or
owned by County.
1.9.9. Internet Service means 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:
Exhibit I: Online Payments
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
X Exhibit VIII: Oaknet Connectivity
Exhibit IX: Internet Service
X Exhibit X: CLEMIS
Exhibit XI: ArcGIS Online
Page 4 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
Exhibit XII: Data Sharing
Exhibit XIII: Pictometry Licensed Products
Exhibit XIV: Security Best Practice Advice
2. COUNTY RESPONSIBILITIES.
2.1. County, through its Department of Information Technology, shall provide the 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.)
Page 5 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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 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.
Page 6 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
MR 21-258 06/17/2021
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.
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.
Page 7 of 12
I.T. SERVICES - INTERLOCAL AGREEMENT
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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.
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.
Page 8 of 12
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MR 21-258 06/17/2021
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
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
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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.
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 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
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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
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 Section11.
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.
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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.
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: City Manager Frances McMullan,1
South Huron St, Ypsilanti, MI 48197.
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.
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IN WITNESS WHEREOF, Frances McMullan hereby acknowledges that he/she has been authorized by
a resolution of the City of Ypsilanti, a certified copy of which is attached, or by approval of the Chief
Judge if the Public Body is a Court, 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: _______________
Frances McMullan
City Manager
WITNESSED: ___________________________________ DATE: _______________
AGREEMENT
ADMINISTRATOR: ______________________________ DATE: _______________
(IF APPLICABLE)
IN W ITNESS 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
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 1
MR 21-258 6/17/2021
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
INTRODUCTION
The I.T. Service described in this Exhibit (OakNet Connectivity) will provide network transport
services to government agencies for the purpose of accessing applications and ISP services
provided by Oakland County.
1.0 COUNTY RESPONSIBILITIES
1.1 County shall provide, install, and maintain the network equipment and cable
necessary to deliver the I.T. Service of OakNet Connectivity, which will allow
Public Body to connect to the County’s network (OakNet) at Public Body’s
facilities and workstations. OakNet Connectivity permits Public Body to access I.T.
Services that County has made available to Public Body.
1.2 County shall provide Public Body with a private IP address range, subnet mask,
and gateway address for use by Public Body in configuring its internal network and
to enable use of this I.T. Service.
1.3 County shall provide a single port by which Public Body may connect its internal
network to OakNet
1.4 County shall use reasonable means to provide the I.T. Service for the transmission
of information 24 hours a day, 7 days a week.
1.5 County and authorized Vendors shall present identification to Public Body for
physical access to the OakNet Connectivity equipment for emergency service and
scheduled maintenance.
1.6 To the extent practicable, County shall notify Public Body sixty (60) days in
advance of pending changes in its contract with its third party connection
provider(s). If the County’s connection provider(s) is increasing costs, County shall
provide Public Body with sufficient information to determine if it wishes to
continue receiving this I.T. Service.
2.0 PUBLIC BODY RESPONSIBILITIES
2.1 Public Body shall provide adequate space and electrical power for the County to
place equipment, an equipment cabinet, and cable.
2.2 Public Body shall promptly provide County staff and authorized third party with
physical access to County equipment for emergency service and scheduled
maintenance.
2.3 Public Body shall not mount any equipment in the County’s equipment cabinet.
2.4 Public Body shall be responsible for configuring and maintaining Public Body’s
internal network equipment and cabling. Internal network equipment shall include
cables connecting Public Body and County equipment.
2.5 Public Body shall configure Public Body workstations and other equipment to
operate properly on the internal network, including assignment/configuration of the
EXHIBIT VIII
I.T. SERVICES AGREEMENT
OAKNET CONNECTIVITY
I.T. SERVICES AGREEMENT – EXHIBIT VIII
Page 2
MR 21-258 6/17/2021
local IP addresses, Network Address Translation (NAT), or Domain Name Services
(DNS) and as required to access this I.T. Service.
2.6 If Public Body terminates this I.T. Service, Public Body shall pay any charges
related to early termination of third party communication services provided by
County on behalf of Public Body.
2.7 Public Body shall be responsible for all costs associated with the relocation,
reconfiguration or removal of County equipment and cable, when any of these
changes are initiated by or at the request of Public Body, for any reason, including
but not limited to relocation of municipal offices, construction, renovation, and
discontinuance of services.
2.8 Public Body shall not attempt to access, configure, power cycle or connect to any
County equipment unless specifically directed to do so by authorized County
Department of Information Technology personnel or third party authorized by
County.
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 AND SUPPORT COSTS
County will invoice Public Body monthly for the cost of the communication lines. These
charges will be based upon the rates set by the County’s connection provider. County
may choose to waive any fees for qualified law enforcement departments and for Public
Bodies located within Oakland County.
5.0 LICENSE USE AND ACCESS
5.1 County grants to Public Body a nonexclusive license to use the County developed
software applications, if any, needed to receive this I.T. Service. This license
cannot be provided to any other party without County’s consent in writing.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 1
INTRODUCTION.
The Courts and Law Enforcement Management Information System (known as “CLEMIS”) is a multi-
faceted, regional public safety information management system, operated and maintained by the
Oakland County Department of Information Technology, CLEMIS Division. CLEMIS is comprised of
many software applications.
CLEMIS was created in 1968 to address the inability of criminal justice/public safety agencies to
electronically share data in a timely manner. The purpose of CLEMIS is to provide innovative
technology and related services to criminal justice/public safety agencies to enable them to share data
and to improve the delivery of criminal justice/public safety services. Public Bodies that use CLEMIS
have realized lower costs and improved efficiency in providing criminal justice/public safety services.
These benefits allow first responders additional time to serve and protect citizens.
The Parties agree to the following terms and conditions:
1. DEFINITIONS. The following words and expressions used throughout this Exhibit, whether used
in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, an
information management system, comprised of CLEMIS Applications operated and
maintained by the CLEMIS Division with recommendations and counsel from the CLEMIS
Advisory Committee.
1.2. CLEMIS Advisory Committee (formerly known as the CLEMIS Advisory or Policy
Board) is an advisory committee that leads the CLEMIS Consortium and that provides
recommendations and counsel to the CLEMIS Division regarding the operation and
maintenance of CLEMIS.
1.3. CLEMIS Applications are the specific software applications that comprise CLEMIS. These
software applications are listed and described on the CLEMIS Website and are included in
the definition of I.T. Services under this Agreement.
1.4. CLEMIS Consortium is a non-legal entity comprised of all CLEMIS Members. Its purpose
is to empower criminal justice/public safety agencies to maximize the use of collected data,
to enhance daily operations and engage in comprehensive planning. The Consortium is led
by the CLEMIS Advisory Committee.
1.5. CLEMIS Division is the division in the Oakland County Department of Information
Technology responsible for the operation and maintenance of CLEMIS.
1.6. CLEMIS Fee is the sum of costs for use of CLEMIS, CLEMIS Applications, and services
provided by the CLEMIS Division. These costs are listed and itemized on the CLEMIS
Website.
1.7. CLEMIS Member means the Public Body that executes this Exhibit and compiles with this
Agreement.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 2
1.8. CLEMIS Website is the portion of the County’s website dedicated to CLEMIS located at
www.oakgov.com/clemis or www.clemis.org.
1.9. Criminal Justice Information Services (“CJIS”) Security Policy is the effective security
policy approved by the CJIS Advisory Policy Board setting forth security requirements,
guidelines, and agreements for protecting transmission, access, storage, use, generation of,
and sources of Criminal Justice Information (“CJI”) as defined in the CJIS Security Policy.
1.10. Fire Records Management System (“FRMS”) is a CLEMIS Application that provides an
integrated technology system to participating fire departments, which is further described on
the CLEMIS Website.
2. CLEMIS DIVISION RESPONSIBILITIES.
2.1. Provision of CLEMIS Applications. County shall provide Public Body with access to
CLEMIS and the specific CLEMIS Applications and services marked on Addendum A,
which may be changed from time to time. Addendum A is fully incorporated into this
Agreement. Notwithstanding any provision in this Agreement, Addendum A and any
changes thereto shall be signed by the CLEMIS Division Manager on behalf of County and
the authorized representative as designated on Addendum A on behalf of Public Body. The
operational descriptions of the CLEMIS Applications and services are set forth on the
CLEMIS Website.
2.2. Compliance with Laws, Rules, Regulations, and Policies. County shall comply with all
applicable laws, rules, and regulations and the CJIS Security Policy in the delivery,
operation, and maintenance of CLEMIS Applications and in the transmission, access,
storage, and use of data through or in CLEMIS Applications.
2.3. No Verification of Data. County does not verify or review data entered into and stored in
CLEMIS for accuracy.
3. PUBLIC BODY RESPONSIBILITIES.
3.1. Execution of Exhibit VIII. Unless approved in writing by the CLEMIS Division, Public
Body must execute Exhibit VIII to this Agreement (OakNet Connectivity) to provide
connectivity for the use and operation of CLEMIS Applications. If Public Body receives
approval from the CLEMIS Division not to use OakNet, such approval will be marked on
Addendum A.
3.2. Execution of Management Control Agreement. Public Body shall execute a Management
Control Agreement with County as required by and consistent with the CJIS Security Policy,
which may be amended from time to time. The Management Control Agreement shall be
executed by the persons authorized to sign Addendum A.
3.3. Compliance with Laws, Rules, Regulations, and Policies. Public Body and Public Body
Employees shall comply with the CJIS Security Policy and all applicable laws, rules, and
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 3
regulations when using CLEMIS and when generating, entering, and using data that is stored
in CLEMIS.
3.4. Access to CLEMIS. Only Public Body Employees authorized by Public Body may access
and use CLEMIS. Public Body shall keep a list of Public Body Employees authorized to
access and use CLEMIS. Public Body shall review this list at least quarterly to ensure its
accuracy. Upon written request of County, Public Body shall provide this list to County.
Public Body shall not allow any individuals, who are not on this list, to access and use
CLEMIS.
3.5. Security/Background Checks. Public Body shall provide for and pay for
security/background checks for all Public Body Employees who access and use CLEMIS,
as required by the CJIS Security Policy and any other applicable law, rule, and regulation.
3.6. Data Entry. Public Body is solely responsible for entering all data that is required by any
CLEMIS Applications into CLEMIS.
3.7. Data Ownership. All data entered into CLEMIS by Public Body shall be and shall remain
the data of Public Body.
3.8. Data Accuracy. Public Body is solely responsible for ensuring that all data entered into
and stored in CLEMIS is accurate and complete. Accurate and complete means that the data
does not contain erroneous information. Public Body shall immediately correct erroneous
information upon discovery of error. To ensure accurate and complete data, Public Body
shall conduct regular and systemic audits to minimize the possibility of generating,
transmitting, and storing erroneous information.
3.9. Data Update/Expungment/Redaction. Public Body is solely responsible for updating,
expunging, correcting, record locking, or redacting Public Body’s data entered into or stored
in CLEMIS, as required by law, rule, regulation, court order, or the CJIS Security Policy.
3.10. Access to Public Body Facilities. Public Body shall allow County employees access to
Public Body facilities for maintenance of CLEMIS and to audit Public Body’s use of
CLEMIS.
3.11. Provision of Hardware/Equipment. The hardware/equipment needed to access and use
CLEMIS shall be purchased, maintained, repaired and replaced by Public Body, unless
otherwise agreed, in writing, by the Parties. The hardware/equipment shall meet the
specifications and requirements set forth by the CLEMIS Division.
3.12. Changes or Alternations to Public Body Facilities. If Public Body is required to or
decides to make changes or alternations to its facilities/buildings for any reason, then Public
Body is responsible for all costs and expenses associated with moving or relocating
hardware/equipment used to access CLEMIS or with moving or relocating the
medium/connectivity, e.g., fiber, wireless connections, ISDN Lines, T1 Lines, etc., used to
access CLEMIS.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 4
3.13. E-Mail Address. Public Body shall create and monitor a generic CLEMIS email address.
The CLEMIS Division will provide Public Body instructions on how to create this email
address. This email address will be the main point of contact for scheduled maintenance,
outages, alerts, etc.
3.14. Cooperation. Public Body shall fully cooperate with County concerning the performance
of this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
4.1. Request by Public Body for Public Body Data. Public Body may request in writing that
County provide a copy of portions of Public Body’s data to Public Body. County will
provide such data in a format and time period determined by County but will use its best
efforts to provide the data in the format and time period requested by Public Body.
4.2. Third Party Requests to County for Public Body Data.
4.2.1. Michigan Freedom of Information Act Requests. County will respond
pursuant to applicable law, to Michigan Freedom of Information Act (“FOIA”)
requests addressed and received by County, Subject to applicable law, if County
receives a request for Public Body’s data possessed by County, County will
provide written notice to the requesting person identifying the Public Body and
stating that the requesting person shall submit their request to the Public Body.
Public Body shall be responsible for responding to all FOIA requests received
by the Public Body.
4.2.2. Other Legal Requests (Excluding FOIA Requests) to County for Public
Body Data. County will respond pursuant to applicable law to any subpoena,
court order, or other legal request addressed to and received by County for Public
Body’s data possessed by County. Before responding to said legal request,
County will use commercially reasonable efforts to inform Public Body of the
request for the purpose of providing Public Body an opportunity to contest the
legal request and/or to provide County with information that could impact
County’s response to the legal request. For the avoidance of doubt, this paragraph
4.2.2. does not apply to FOIA requests, which are governed by paragraph 4.2.1.
(above).
4.2.3. Section 4.2 only applies to Public Body’s data possessed by County for the
purposes of providing services under Exhibit X (CLEMIS) and not to any other
exhibit. Additionally, this section 4.2 does not apply to the CLEMIS Crash
Purchase Application, which is governed by section 6 (below).
4.3. Continuous Access to Public Body Data by Third Parties.
4.3.1. In Addendum A, Public Body may request that County provide continuous
access to Public Body’s data to a third party. Addendum A shall identify the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 5
third party and shall set forth any specific instructions regarding the provision of
such data to the third party. The County shall determine the manner in which to
provide access to Public Body’s data.
4.3.2. County shall provide and shall continue to provide access to Public Body’s data
to the third party identified in Addendum A, until Public Body provides written
notice to the CLEMIS Manager to stop or change such access. The written notice
shall contain the date on which access to Public Body’s data shall stop. Upon
receipt of this notice, County shall promptly stop the third party’s access to
Public Body’s data and shall use its best efforts to stop third party access to
Public Body’s data on the date requested by Public Body.
4.3.3. In order to effectuate the third party’s continuous access to Public Body’s data,
County will require the third party to execute an agreement with County to
govern delivery and/or access to Public Body’s data. The CLEMIS Manager is
authorized to sign this agreement on behalf of County.
4.4. Providing Public Body Data to Third Parties. Except as otherwise provided in this
Exhibit, the Agreement, or as directed in Addendum A, County will not provide Public
Body’s data to a third party. Notwithstanding any other provision, County shall provide
Public Body’s data to related Mugshots, Livescan, Michigan Incident Crime Reporting, and
Crash/UD-10 traffic crash reports to the Michigan State Police. County may provide Public
Body’s data to County contractors and vendors for the purposes of providing services to
Public Body, the County, and/or for improving CLEMIS Applications and services.
4.5. Costs for Providing Public Body Data. If County incurs any costs in providing Public
Body’s data to a third party or to Public Body, then Public Body shall be responsible for
those costs and shall reimburse County for those costs. The CLEMIS Division shall invoice
Public Body for such costs. Public Body shall pay the invoice at the location and within the
time period stated in the Agreement. The CLEMIS Division may waive these costs in its
sole discretion.
4.6. Protected Health Information. If the data, to be provided to a third party, is Protected
Health Information” or “PHI” (defined in 45 CFR 160.103) under the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) and under the changes to HIPAA
made by the Health Information Technology for Economic and Clinical Health Act
(“HITECH Amendment”), then County and Public Body shall execute a Business Associate
Agreement.
4.7. County not Responsible for Third Party Use of Data. Public Body acknowledges and
agrees that if it requests County to provide access to Public Body’s data to a third party,
County shall not be responsible for any actions of the third party and the third party’s use of
Public Body’s data.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 6
4.8. Sharing Data with other CLEMIS Members. Public Body acknowledges and agrees that
County may share Public Body's data with other CLEMIS members upon the
recommendation and counsel of the CLEMIS Advisory Committee.
5.FINANCIAL RESPONSIBILITIES—CLEMIS FEE
5.1. Payment of CLEMIS Fee. Public Body shall pay the CLEMIS Fee to County for the
CLEMIS Applications and services, which are marked on Addendum A. The amount of the
CLEMIS fee and the costs that comprise the CLEMIS Fee are listed and itemized on the
CLEMIS Website. The CLEMIS Division shall invoice Public Body on a quarterly basis
for the CLEMIS Fee, unless otherwise specified. Public Body shall pay the invoice at the
location and within the time period stated in the Agreement.
5.2. Establishment of CLEMIS Fee. The CLEMIS Division upon the recommendation and
counsel of the CLEMIS Advisory Committee shall establish the CLEMIS Fee. The
CLEMIS Fee shall be posted on the CLEMIS website and may be obtained from the
CLEMIS Division.
5.3. Review of CLEMIS Fee. The CLEMIS Division and the CLEMIS Advisory Committee
shall annually review the CLEMIS FEE.
5.4. CLEMIS and FRMS Funds. County has established and shall continue to have separate
enterprise funds within the County budget for revenues, expenses, and operations of
CLEMIS (hereinafter “CLEMIS Fund and FRMS Fund”).
5.5. Deposit of CLEMIS Fee. All monies paid by Public Body to County pursuant to this
Exhibit shall be deposited into the CLEMIS Fund or FRMS Fund, as applicable. Only
revenues and expenses stemming from CLEMIS operations and maintenance are recorded
in the CLEMIS Fund and FRMS Fund; no other County revenues and expenses are recorded
in these Funds. Any equity in the CLEMIS Fund and FRMS Fund at the end of the County’s
fiscal year shall be rolled into the CLEMIS Fund and FRMS Fund for the next fiscal year.
Surplus/equity in the CLEMIS Fund and FRMS Fund can only be used for CLEMIS
operations and maintenance and not for the general operations of County or Public Body.
Any County general fund contributions (transfers) to the CLEMIS Fund and FRMS Fund
are strictly based on availability and official appropriation by County and cannot be deemed
permanent on-going contributions.
5.6. Financial Statement for CLEMIS and FRMS Funds. The County Fiscal Services
Division shall prepare financial statements for the CLEMIS Fund and FRMS Fund on a
quarterly basis. These financial statements will be posted on the CLEMIS Website on a
quarterly and year-end basis. The County Director of Management and Budget or his/her
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS
Advisory Committee, on a quarterly basis.
5.7. Refund of CLEMIS Fee for Operational Problems. Subject to Section 18 (Force
Majeure) of the Agreement, if any CLEMIS Applications are not operational for more than
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 7
fourteen (14) consecutive calendar days, County shall refund the CLEMIS Fee, already paid
by Public Body, for the days that the CLEMIS Applications were not operational.
6. COUNTY/PUBLIC BODY RESPONSIBILITIES FOR CLEMIS CITATION PAYMENT
APPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. If a Public Body uses
the CLEMIS Citation Payment Application (hereinafter “Payment Application) and/or the CLEMIS
Crash Purchase Application (hereinafter “Purchase Application”), then the following terms and
conditions apply:
6.1. Placement of URL. Public Body shall be responsible for placing the Payment Application
and the Purchase Application URLs on its website; the URLs shall be provided by County.
Public Body shall include this URL in printed or electronic communications to the general
public regarding the Payment Application and the Purchase Application.
6.2. Questions Regarding Payment of Tickets/Citations/Parking Tickets and Purchase of
Crash/Accident Reports. County shall refer all questions that County receives to Public
Body regarding the payment of citations/tickets/parking tickets and the purchase of
crash/accident reports and regarding the amount of monies owed to Public Body.
6.3. Security of Data. County shall secure and protect data received through the Payment
Application and Purchase Application (including credit card information) according to law,
County’s contractual obligations, and reasonable business standards and practices.
6.4. No Interference with Contract. Third-party service providers such as PayPal Inc. and
Elavon, Inc. are required for the operation of the Payment Application and Purchase
Application. Neither Public Body nor Public Body Employees shall act or fail to act,
either directly or indirectly, in a manner to cause any purported breach in any term or
condition in any agreement between County and such third party.
6.5. Enhanced Access Fee. Persons or entities paying citations/tickets/parking tickets through
the Payment Application or purchasing crash/accident reports through the Purchase
Application shall be charged an Enhanced Access Fee, in addition to the monies owed to
Public Body.
6.6. Payment Transaction for Payment Application. When using the Payment Application, a
person or entity paying a citation/ticket/parking ticket will authorize two
transactions, at the time of payment: (1) one transaction for payment of monies owed to
Public Body/Court and (2) one transaction for payment of the Enhanced Access Fee. The
funds for the payment to Public Body/Court will be directed to the depository account
designated and/or owned by Public Body/Court. The funds for the Enhanced Access Fee
will be directed to a depository account designated and owned by County.
6.7. Amount of Enhanced Access Fee for Payment Application. The Enhanced Access Fee
charged to persons/entities paying citations/tickets/parking tickets through the Payment
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 07121 and as subsequently amended by the
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 8
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for each citation/ticket paid through the Payment
Application. Given the small amount of the Enhanced Access Fee for parking tickets,
Public Body shall receive no portion of the Enhanced Access Fee collected for parking
tickets paid through the Payment Application.
6.8. Amount of Enhanced Access Fee for Purchase Application. The Enhanced Access Fee
charged to persons/entities purchasing crash/accident reports through the Purchase
Application shall be in an amount established by the Oakland County Board of
Commissioners, Miscellaneous Resolution # 09182 and as subsequently amended by the
Oakland County Board of Commissioners. Public Body shall receive one dollar ($1.00) of
the Enhanced Access Fee collected for the purchase of each crash/accident report through
the Payment Application.
6.9. Amount of Fee for Crash/Accident Report. Public Body shall set the fee for the purchase
of the crash/accident report through the Purchase Application. The amount of this fee shall
be listed in Addendum A.
6.10. Distribution of Enhanced Access Fees and Fees for Crash/Accident Reports. Public
Body’s portion of the Enhanced Access Fees, set forth in this Exhibit, and the fee for the
crash/accident reports, set forth in Addendum A, shall be disbursed to Public Body pursuant
to its written instructions. Public Body shall provide the written instructions, required by
this section to CLEMIS Division.
6.11. Obligations and Responsibilities if Public Body is a Court.
6.11.1. Access to Website. If Public Body is a Court, then County shall provide access
to a password protected website where Public Body/Court can issue credits or
refunds and view daily, weekly, and monthly transactions processed through
the Payment Application.
6.11.2. Contract for Credit Card Processing. If Public Body is a Court, then County
shall establish, maintain, and pay for a separate contract for credit card
processing services with the entities currently providing credit card processing
services for County, i.e., PayPal Inc. and Elavon, Inc.
6.11.3. Separate Depository Bank Account. If Public Body is a Court, then it shall
maintain a corresponding depository bank account, with a depository financial
institution acceptable to County, for the receipt of monies owed to Public
Body/Court. Public Body/Court shall provide County with all necessary bank
account numbers and routing number to give effect to this requirement.
7. CLEMIS ADVISORY COMMITTEE.
7.1. Establishment and Purpose of CLEMIS Advisory Committee. The CLEMIS Advisory
Committee was established to obtain advice and guidance from CLEMIS Members
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 9
concerning policy, technical, and operational questions for CLEMIS Applications. The
purpose behind the CLEMIS Advisory Committee is to allow CLEMIS Members to provide
input regarding the operation and management of CLEMIS. The CLEMIS Advisory
Committee leads the CLEMIS Consortium and provides recommendations and counsel to
the CLEMIS Division regarding the operation, maintenance, and budget for CLEMIS
(including suggested security policies, development/operation/modifications to CLEMIS
Applications, and actions regarding misuse of CLEMIS).
7.2. Composition of CLEMIS Advisory Committee. The composition of the CLEMIS
Advisory Committee is posted on the CLEMIS Website.
7.3. CLEMIS Advisory Committee Meetings. The CLEMIS Advisory Committee meets at
least four (4) times per year. CLEMIS Members are encouraged to attend.
7.4. CLEMIS Advisory Committee Officers. Every July, the CLEMIS Advisory Committee
shall elect a Chairperson by majority vote. The Chairperson shall select and appoint a Co-
Chairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the
CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for
CLEMIS Advisory Committee meetings. Prior to each meeting, the Chairperson and the
Executive Secretary shall review the contents of each agenda.
7.5. CLEMIS Advisory Committee—Subcommittees. The CLEMIS Advisory Committee
may create subcommittees as it deems appropriate. The subcommittees and their
composition and responsibilities shall be posted on the CLEMIS Website. The CLEMIS
Advisory Committee Chairperson shall appoint the chairpersons of the subcommittees,
except for the Chairperson of the Strategic Planning subcommittee, whose Chairperson is
the current President of Oakland County Chiefs of Police Association and except for the
Chairperson of Fire Governance whose Chairperson is elected by the Fire Governance
Committee members.
8. TRAINING. Public Body shall require all Public Employees who use or access CLEMIS to attend
training classes required by the CLEMIS Division. The format of the training classes will be at the
discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or on-line/remote
training. If the training classes are held at County facilities or held in an on-line/remote format,
then such training classes are at no cost to Public Body or Public Employees. If the training classes
are held at non-County facilities, there may be a charge to Public Body based on time, materials,
and location of training classes.
9. SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support the
CLEMIS Applications. The CLEMIS Fee includes the costs for support and maintenance services
for the CLEMIS Applications and other services provided by the CLEMIS Division, unless
otherwise indicated on Addendum A. When providing support and maintenance services for
CLEMIS, County has the authority to prioritize its resources, including, but not limited to, the order
in which calls for support or maintenance will be resolved and allocation of time of its employees,
agents, subcontractors, and equipment.
EXHIBIT X
I.T. SERVICES AGREEMENT
CLEMIS
I.T. SERVICES AGREEMENT-EXHIBIT X
Approved by CLEMIS Strategic Planning Committee 03/11/21
Approved by CLEMIS Advisory Committee – 4/15/21
MR 21-258 06/17/2021 PAGE | 10
10. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
10.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination or
cancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEMIS
Applications and it shall not have access to CLEMIS and CLEMIS Applications.
10.2. Use and Access to Public Body’s Data. Upon the effective date of termination or
cancellation of this Exhibit, Public Body’s data shall not be useable by or accessible to any
other CLEMIS Member.
10.3. Transition of Data upon Termination/Cancellation. Upon termination or cancellation of
this Agreement, CLEMIS shall provide a copy of Public Body’s data to Public Body in an
electronic format and a time period determined by County. Upon written confirmation from
Public Body that it received its data, County will purge Public Body’s data from CLEMIS
and any disaster recovery sites. If County incurs any costs in copying Public Body’s data,
then Public Body shall be responsible for those costs and shall reimburse County for those
costs. The CLEMIS Division shall invoice Public Body for such costs. Public Body shall
pay the invoice at the location and within the time period stated in the Agreement. The
CLEMIS Division may waive these costs in its sole discretion.
10.4. Obligation to Pay CLEMIS Fee Upon Termination/Cancellation. Public Body's
obligation to pay the CLEMIS Fee shall stop on the effective date of termination or
cancellation. If the termination or cancellation date is other than the end of a quarter, any
CLEMIS Fee, paid in advance to County, shall be refunded to Public Body on a pro-rated
daily basis for the time period that Public Body paid in advance.
Page | 1 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
ADDENDUM A
I.CLEMIS CATEGORIES / TIERS
Public Body shall receive the CLEMIS Applications and services associated with the category/tier selected
below. The CLEMIS Website describes each category/tier listed below, describes the CLEMIS Applications
that are received with a particular category/tier, and lists the cost for the below categories. As used in this
Addendum "FTE" means Full-Time Equivalents (Sworn Officers).
Tier 1
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 2.5
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 3
16 or more FTE's 6 – 15 FTE’s 1 – 5 FTE’s
Tier 4 Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS)
19 or more FTE’s 6 – 18 FTE’s 1 – 5 FTE’s
Tier 7 Public Safety Answering Point (PSAP)/Central Dispatch Center
Tier 8 Jail Management (outside Oakland County)
Federal Departments, Offices or Agencies Inquiry Only in the State of Michigan (does not
contribute any data)
District Court in Oakland County (excluding 52nd District Courts)
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
District Court outside Oakland County
Pays CLEMIS Fee: receives ticket data load and CLEMIS Citation Payment Application is
optional.
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS
Citation Payment Application.
Circuit Court (outside Oakland County - does not contribute any data)
Prosecutor Office (outside Oakland County, does not contribute any data)
FRMS Participant (Fire Records Management System)
Page | 2 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
II.ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLEMIS Applications, selected below, for a separate
cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website.
Mobile Data Computers (“MDC”)
WITH County provided wireless WITHOUT County provided wireless
CAD Only WITHOUT County provided wireless
Livescan
WITH printer WITHOUT printer
Mugshot
Capture Station and Investigative Investigative Only
Jail Management
CLEMIS Member located in Oakland County
CLEMIS Member located outside Oakland County
OakVideo (CLEMIS Member located outside Oakland County)
Crime Mapping Application
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Pawn Application
Fire Records Management System In Oakland County
Phase I Phase II
Fire Records Management System Outside Oakland County
Police, Fire and/or Public Safety Department Data Extract
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
Page | 3 Approved by SP Committee 07-08-15
Approved by CLEMIS Advisory Committee 07-16-15
Approved by BOC 8-13-15
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
In Oakland County Outside Oakland County
Vendor name:_____________________________________________________________________
Address:_________________________________________________________________________
Contact:__________________________________________________ Phone:__________________
Email:___________________________________________
CRASH Report Payment Amount: _________________
Enhanced Access Fee Disbursement Instructions
Disbursement when Requested Disbursement Quarterly
Make Check Payable to:
_________________________________________________________________
OPT-IN Exhibit VIII (OakNet Connectivity) OakNet connectivity is needed
COUNTY:______________________________________________________________
CLEMIS Division Director Date
PUBLIC BODY:___________________________________________________________
Title/Name:________________________________________________________
Signature:_________________________________________________________
Date
(to be completed by Public Body)