HomeMy WebLinkAboutInterlocal Agreements - 2017.02.15 - 6936
November 6, 2017
Michigan Department of State
Office of the Great Seal Richard H. Austin Building, 1st Floor
430 W. Allegan Lansing, MI 48918
Dear Office of the Great Seal:
On February 15, 2017, the Board of Commissioners for Oakland County entered into an agreement per MR #17034 –
Department of Information Technology – Modifications to Comprehensive I.T. Services Interlocal Agreement.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and Charter Township of Springfield and the authorizing Board of Commissioners Resolution are enclosed for
filing by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds
County Service Center, Building #12 East 1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely, COUNTY OF OAKLAND
Joseph J. Rozell
Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County Deanna Fett-Hylla, Corporation Counsel, Oakland County
Sharon Cullen, Corporation Counsel, Oakland County Ed Sager, Supervisor, Oakland County Information Technology
Kim McCabe, Project Support Specialist, Oakland County Information Technology Collin Walls, Supervisor, Charter Township of Springfield
Enclosures
AGREEMENT FOR I.T. SERVICES BETWEEN OAKLAND COUNTY AND Charter Township of Springfield
This Agreement (the "Agreement") is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Charter Township of Springfield, 12000 Davisburg Rd., Davisburg, MI 48350 ("Public Body"). County and Public Body may also be refetTed to jointly as "Parties".
PURPOSE OF AGREEMENT. County and Public Body enter into this Agreement for the purpose of providing Information Technology Services ("LT. Services") for Public Body pursuant to Michigan law.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Patties agree to the following:
I.DEFINITIONS. The following words and expressions used throughout this Agreement, whetherused in the singular or plural, shall be defined, read, and interpreted as follows.
I. I. Agreement means the tenns and conditions of this Agreement and any other mutuallyagreed to written and executed modification, amendment, Exhibit and attachment.
1.2. C)aims 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. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors.
1.4. I!J!x means any calendar day beginning at 12:00 a.m. and ending at 11 :59 p.m.
1.5. Public Body means the Chatter Township of Springfield, 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.
1.6. Public Body Employee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, and representatives of Public Body, licensees,
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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. 7. Points of Contact mean the individuals designated by Public Body and identified toCounty to act as primary and secondary contacts for communication and other purposes as described herein.
1.8. I,T. Services means the following individual I.T. Services provided by County's Department of Information Technology, if applicable:
I .8.1. 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. I .8.2. 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. 1.8.3. 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). 1.8.4. Jury Management System means a subscription based software that facilitates the selection and communication with potential and selected individuals who may serve as jurors. 1.8.5. Web Publishing Suite means the ability for Public Bodies to have and/or manage a public web presence using standard Oakland County technologies and platforms, template-based solutions, semi-custom website designs, content management, and/or suppmt services. 1.8.6. Data Center Use and Services means providing space for Public Body's equipment in County's Data Center and access to electrical power and backup power. 1.8. 7. Remedial Support Services means the services as defined in Exhibit YI.
1.8.8. Oaknet Connectivity means use of communication lines and network equipment maintained by County fot· the transmission of digital information whether leased or owned by County. 1.8.9. 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. 1.8.10. CLEMIS means the Court and Law Enforcement Management Information System, an infonnation management system comprised of specific software applications (CLEMIS Applications) operated and maintained by the CLEMIS Division of County. l .8.11. ArcGIS Online means the ability to access a web based, collaborative GeographicInformation System (GIS) that allows users having an ArcGIS Online (AGO) Named User account to create and share maps, applications ( apps ), layers, analytics,
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and data in Environmental Systems Research Institute, Inc.'s ("ESRI") secure
cloud. 1.8.12. 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). 1.8.13. 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. Service Center means the location of technical support and information provided by County's Department oflnformation Technology.
1.10. Exhibits mean the following descriptions of LT. Services which are governed by this Agreement only if they are attached to this Agreement and incorporated in Section 2 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: Web Publishing Suite Exhibit VI: Remedial Support Services
Exhibit VII: Data Center Use and Services Exhibit VIII: Oalmet Connectivity Exhibit IX: lntemet Service Exhibit X: CLEMIS Exhibit XI: ArcGIS Online Exhibit XII: Data Sharing Exhibit XIII: Pictometry Licensed Products
2.COUNTY RESPONSIBILITIES.
2. l. County, through its Depattment of Information Technology, shall provide the l.T. Servicesdescribed in Exhibit(s) I, II, VIII, X, XI, XII and XIII which are attached and incorporated into this Agreement.
2.2. County shall support the l.T. Services as follows:
MR l7-0J4
2.2.1. Access. County will provide secure access to LT. Services for use on hardware provided by Public Body as patt of its own computer system or as othe1wise 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 LT. 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.
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2.2.2. l. 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 effmts 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 Pottability and Accountability Act (HIP AA) and Payment Card Industry Data Security Standard (PC! DSS.)
2.5.1. In order to limit possibility of data theft and scope of audit requirements, County will not store credit card account numbers. County is only responsible for credit card data only during the time of transmission to payment processor.
2.6. Training and Information Resources. County may provide training on use of the LT. Services on an as-needed basis or as set fmth in an Exhibit to this Agreement.
2.7. Service Center. LT. Service incidents requiring assistance must be repmted 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 suppmt 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 repoits 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 ifrequested 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.
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2.9. LT. service providers require County to pass through to Public Body certain terms and conditions contained in license agreements, service agreements, acceptable usc polices and similar terms of service, in order to provide I. T. Services to Public Body. Links to these terms and conditions will be provided to Public Body and will be listed on the County's
website. County will provide notice when it becomes aware of changes to the terms and conditions of these agreements.
3.PUBLIC BODY RESPONSIBILITIES.
3.1. Public Body shall immediately notify County of any unauthorized use of the l.T. Servicesand any breach of security of the LT. Services. Public Body shall cooperate with County in all investigations involving the potential misuse of County's computer system or data.
3.2. Public Body is the owner of all data provided by Public Body and is responsible to provide all initial data identified in the attached Exhibits, in a format acceptable to County, and, for the CLEMIS Exhibit, as required by applicable statute, regulation, or administrative rule. Public Body is responsible for ensuring the accuracy and currency of data contained within its applications.
3.3. Public Body shall follow County's I.T. Services requirements as described on County's website. Public Body shall comply with County's minimum standards for each Internet browser used by Public Body to access I.T. Services as set forth in an Exhibit(s) to this Agreement. Public Body shall meet any changes to these minimum standards that County may reasonably update from time to time.
3.4. Public Body shall not interfere with or disrupt the I.T. Services provided herein or networks connected with the I. T. Services.
3.5. Public Body requires that each Public Body Employee with access to LT. Services shall:
3.5. l. 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 LT. Services.
3.6. If authorized by County, Public Body may extend LT. Services to other entities which are created by or primarily funded by state or local authority. If County authorizes Public Body to provide access to any LT. Services to other entities, Public Body shall require those entities to agree to utilize an anti virus software package/system on computers accessing the l.T. Services and to assign users of the l.T. Services a unique User ID and password thatwill be terminated when a user is no longer associated with the entity. Public Body mustrequire an entity receiving l.T. Services under this Section, to agree in writing to complywith the terms and conditions of this Agreement and to provide County with a copy of thiswriting.
3.7. For each l.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 suppotted by Public Body.
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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 suppott 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 repoti a service incident to the Service Center, one of Public Body's Points of Contact shall provide the following information:
3.7.8. l. Contact Name
3.7.8.2. Telephone Number
3.7.8.3. Email Address
3.7.8.4. Public Body Name
3.7.8.5. Application and, if possible, the specific module with which the incident is associated.
3.7.8.6. Exact nature of the prnblem 01· 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. l.T. service providers require County to pass through to Public Body cetiain terms and conditions contained in license agreements, service agreements, acceptable use polices 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.l. This Agreement and any amendments shall be effective when executed by both Partieswith resolutions passed by the governing bodies of each Patiy 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 Comi 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.
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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.
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5.1. l.T. Services shall be provided to Public Body at the rates specified in the Exhibits, ifapplicable.
5.2. Possible Additional Services and Costs. If County is legally obligated for any reason, e.g. subpoena, Court Order, or Freedom oflnformation Request, to search for, identify,produce or testify regarding Public Body's data or information that is electronically storedby County relating to l.T. Services the Public Body receives under this Agreement, thenPublic Body shall reimburse County for all reasonable costs the County incurs in searchingfor, identifying, producing or testifying regarding such data or information. County maywaive this requirement in its sole discretion.
5.3. County shall provide Public Body with a detailed invoice/explanation of County's costs for l.T. Services provided herein and/or a statement describing any amounts owed to County.Public Body shall pay the full amount shown on any such invoice within sixty (60) calendardays after the date shown on any such invoice. Payment shall be sent along with a copy ofthe invoice to: Oakland County Treasurers -Cash Acctg, Bldg 12 E, 1200 N. TelegraphRoad, Pontiac, MI 4834 l.
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 undet· 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
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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. l. Each Pat1y shall be responsible for any Claims made against that Party by a third party, andfor 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 Pat1y 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 l.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 Agt·eement shall be construed as a waiver of governmental immunity for either Pat1y.
6.6. The Pat1ies have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authol'ity 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.DISCLAIMER OR WARRANTIES.
7.1. The l.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 noninfringement.
7.2. County makes no warranty that (i) the l.T. Services will meet Public Body's requirements; (ii)the LT. Services will be uninterrupted, timely, secure or error-free; nor (iii) the resultsthat may be obtained by the LT. Services will be accurate or reliable.
7.3. Any material or data downloaded or otherwise obtained through the use of the l.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.
8.LIMITATION OF LIARILITY. In no event shall either Pat1y be liable to the other Pai1y or anyother person, for any consequential, incidental, direct, indirect, special, and punitive or otherdamages arising out of this Agreement.
9.DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance,or nonperformance of this Agreement involving or affecting the Parties may first be submitted toCounty's Director of Information Technology and Public Body's Agreement Administrator for
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possible resolution, County's Director of Information Technology and Public Body's Agreement Administrator may promptly meet and confer in an effott to resolve such dispute. If they cannot resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of this Agreement or their successors in office, The signatories of this Agreement may meet promptly and confer in an effort to resolve such dispute.
10, TERMINATION OR CANCELLATION OF AGREEMENT,
I 0.1. Either Party may terminate or cancel this entire Agreement or any one of the LT. Services described in the attached Exhibits, upon one hundred twenty (120) days written notice, if either Patty decided, in its sole discretion, to terminate this Agreement or one of the Exhibits, for any reason including convenience,
I 0.2, Early termination fees may apply to Public Body if provided for in the Exhibits,
10.3. 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,
11, SUSPENSION OF SERVICES. County, through its Director of Information Technology, may immediately suspend LT. Services for any of the following reasons: (i) requests by law enforcement or other governmental agencies; (ii) engagement by Public Body in fraudulent or illegal activities relating to the LT, Services provided herein; (iii) breach of the terms and conditions of this Agreement; or (iv) unexpected technical or security issues. The right to suspend LT. Services is in addition to the right to terminate or cancel this Agreement according to the provisions in Section 10. County shall not incur any penalty, expense or liability if LT. Services are suspended under this Section.
12.DELEGATION OR ASSIGNMENT, Neither Party shall delegate or assign any obligations orrights under this Agreement without the prior written consent of the other Party,
13.NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall beconstrued as creating an employee-employer relationship between County and Public Body,
14.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Patties, thisAgreement does not and is not intended to create any obligation, duty, promise, contractual rightor benefit, right to indemnification, right to subrogation, and/or any other right in favor of anyother person or entity.
15.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursueor enforce any rights or remedies under this Agreement shall constitute a waiver of those rightswith 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 moreinstances shall be deemed or construed as a continuing waiver of any term, condition, or provisionof this Agreement. No waiver by either Party shall subsequently affect its right to require strictperformance of this Agreement.
16.SEVERABILITY. If a court of competent jurisdiction finds a term or condition of thisAgreement to be illegal or invalid, then the term or condition shall be deemed severed from thisAgreement. All other terms, conditions, and provisions of this Agreement shall remain in fullforce.
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17.PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms of andcot1ditions of any of the documents that comprise this Agreement, the terms in the Agreementshall prevail and take precedence over any allegedly conflicting terms in the Exhibits or otherdocuments that comprise this Agreement.
18.CAPTIONS. The section and subsection numbers, captions, and any index to such sections andsubsections contained in this Agreement are intended for the convenience of the reader and are notintended to have any substantive meaning. The numbers, captions, and indexes shall not beinterpreted or be considered as part of this Agreement. Any use of the singular or plural, anyreference to gender, and any use of the nominative, objective or possessive case in this Agreementshall be deemed the appropriate plurality, gender or possession as the context requires.
19.FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neitherPatty shall be liable to the other for any failure of performance hereunder if such failure is due toany cause beyond the reasonable control of that Party and that Party cannot reasonablyaccommodate or mitigate the effects of any such cause. Such cause shall include, withoutlimitation, 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 noticeshall be given to the affected Party of any such event.
20.NOTTCRS. Notices given under this Agreement shall be in writing and shall be personallydelivered, sent by express delivery service, certified mail, m· first class U.S. mail postage prepaid,and addressed to the person listed below. Notice will be deemed given on the date when one ofthe following first occur: (i) the date of actual receipt; (ii) the next business day when notice issent express delivery service or personal delivery; or (iii) three days after mailing first class orcertified U.S. mail.
20.1. If Notice is sent to County, it shall be addressed and sent to: Director, Oakland CountyDepartment of Information Technology, 1200 North Telegraph Road, Pontiac, Michigan, 48341, and the Chairperson of the Oakland County Board of Commissioners, 1200 No1th Telegraph Road, Pontiac, Michigan 48341.
20.2. If Notice is sent to Public Body, it shall be addressed to: Collin Walls, Supervisor, Charter Township of Springfield, 12000 Davisburg Rd., Davisburg, MI 48350.
20.3. Either Party may change the individual to whom Notice is sent and/or the mailing
address by notifying the other Patty in writing of the change.
21.GOVERNTNG LAW/CONSENT TO ,JURISDICTION AND VENUE. This Agreement shallbe governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwiserequired by law or court rule, any action brought to enforce, interpret, or decide any Claim arisingunder or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State ofMichigan, the 50th District Comt of the State of Michigan, or the United States District Court forthe Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction ofthe comt. Except as otherwise required by law or court rule, venue is proper in the comts set forthabove.
22.ENTIRE AGREEMENT.
22.1. This Agreement represents the entire agreement and understanding between the Partiesregarding 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.
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22.2. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Patty.
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IN WITNESS WHEREOF, Collin Walls hereby acknowledges that he/she has been authorized by a resolution of the Charter Township of Springfield, 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 i?,if1ds Public Body to the te,i;ms �,�conditions of this Agreement. ·1i I. I .. �EXECUTED: "---M ,L,i... I A /IA JLU J;:;?'.DATE: __ �'ltWJ �v
WITNESSED: ,:;, I/ DA TE: 1 ffi\;J/)
AGREEMENT
ADMINISTRATOR: __________ _ DATE: ____ _ (IF APPLICABLE)
IN WITNESS WHEREOF, Michael l Gingell, 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 MichaelJGingell·----------------E-s1gned 2017-10-20 03:56PM EDTMichael J. Gingell, Chairperson gingellm@oakgov.corn Oakland County Board of Commissioners
WITNESSED: Jc,�(Oi.tll',�iJ.1-i] DATE Jo Ann Stringfellow
MR 17.QH
Oakland County Board of Commissioners
County of Oakland
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E-signed 2017-10-20 04:03PM EDTstringfellowj@oakgov.comOakland County IT Accounts Payable
I.T. SERVICES -INTERLOCAL AGREEMENT
INTRODUCTION
EXHIBIT I
I.T. SERVICES AGREEMENT
ONLINE PAYMENTS
1)County will provide an LT. Service where the general public can make payments for anytype of fees or costs; i.e. pay property taxes, licenses, permits or traffic tickets by means of acredit card or electronic check, utilizing the Internet.
2)Public Body will be responsible for placing the URL provided by County onto their websitefor this sel'Vice,
3)If requested by Public Body, County will provide a single public web page that will reside onCounty server(s) and include basic information with links to the LT. Service for OnlinePayments. County will not provide content management. County will provide basic designtemplate customization (header and colors) and minimal content (basic contact information).URLs will have a O2Gcloud.com domain name. County has sole discretion as to what maybe placed on this one page website.
4)Public Body will include the URL in printed or electronic communications to the generalpublic regarding this sel'Vice.
5)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.
6)County will provide Public Body with access to a password protected web site where PublicBody can issue credits and view daily, weekly, and monthly transaction activity of paymentsprocessed through this I.T. Service.
7)The general public shall be required to pay County an Enhanced Access Fee to use this I.T.Se!'Vice. County will use Enhanced Access Fees to recover costs associated with this I.T.Sel'Vice.
8)The Enhanced Access Fee charged to the general public shall be an amount established byCounty Board of Commissioners (MISCELLANEOUS RESOLUTION #07121, CountyBoard of Commissioner Minutes, May 24, 2007, p. 246) or as revised by County Board ofCommissioners,
9)The person making the payment will authorize two transactions: (!) one transaction forpayment of monies owed to Public Body and (2) one transaction for payment of theEnhanced Access Fee. The payment to Public Body will be deposited in Public Body'sdesignated account. The funds for the Enhanced Access Fee will be deposited into anaccount owned by County,
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I.T. SERVICES AGREEMENT-EXH!BIT I
BOC Approl'fll: 02/15/1\ll7
LT. SERVICES AGREEMENT-EXHIBIT l
ONLINE PAYMENTS EXHIBIT I
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments, Over The Counter Payments and/or Pay Local Taxes. 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 l through September 30. Net Enhanced Access Fees is defined as follows:
•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.
Definitions:
Gross Enhanced Access Fees Collected -All fees added to transactions processed for your
agency paid by end-user
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
Transactional Fees Deducted from Gross Enhanced Access Fees -Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining -Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body-Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body -Funds your agency will receive
To illustrate:
$5,000
x35%
-$1750
$3250
x50%
$1625
BOC Approval 0l/l 5/2017
Gross Enhanced Access Fees Collected
County's Cost for Transactional Fees
Transactional Fees Deducted from Gross Enhanced Access Fees
Net Enhanced Access Fees Remaining
50% Shared Back with Public Body
Fees Shared Back with Public Body
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I.T. SERVICES AGREEMENT-EXHIBIT I
ONLINE PAYMENTS EXHIBIT I
ACCESS TO SERVICE
Public Body will provide access to this LT. Service for the general public via the URL provided by County on the web site owned by Public Body.
PROVISION AND MAINTENANCE OF DATA
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.
Public Body shall provide County with all necessary bank account and routing numbers to give effect to this Agreement.
LICENSED USE AND ACCESS
County grants to Public Body a nonexclusive license to use County developed applications needed to receive this LT. Service, This license cannot be provided to any other pa11y without County's consent in writing.
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I.T. SERVICES AGREEMENT-EXHIBIT I
BOC Appmvnl ll2/15/20\ 7
INTRODUCTION
EXHIBIT II
I.T. SERVICES AGREEMENT
OVER THE COUNTER PAYMENTS
1.County will provide an I.T. Service where the general public can make Over the CounterPayments for any type of fees or costs; i.e. pay property taxes, licenses, permits or traffictickets by means of a credit card.2.Public Body shall respond to all questions from the general public regarding payments.3.County will provide Public Body with access to a password protected web site wherePublic Body can issue credits and view daily, weekly, and monthly transaction activity ofpayments processed through this I.T. Service.4.The general public shall be required to pay County a fee to use this I.T. Service. Countywill use fees to recover costs associated with this LT. Service.5.The fee charged to the general public shall be an amount established by County Board ofCommissioners (MISCELLANEOUS RESOLUTION #07121, County Board ofCommissioner Minutes, May 24, 2007, p. 246) or as revised by County Board ofCommissioners.6.The person making the payment will authorize two transactions: (1) one transaction forpayment 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. Thefee will be deposited into an account owned by County.
SUPPORT
The LT. Service will be suppotted by County's Information Technology (1.T.) Department. Public Body will designate two representatives to act as primary and secondary Points of Contact with County.
SUPPORT SERVICES
Support services to be provided by County will include:
Service Access
Access to the LT. Service is via a credit card reader provided by County attached to a computer with a connection to an Internet website run by County.
The URL for Public Body to view activity reports and to perform all administrative functions
will be provided by County.SUPPORT PROCEDURES
Points of Contact should use the following procedures to report a service support incident.
SERVICE AND SUPPORT COSTS
There is no cost to Public Body for this service.
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I.T. SERVlCES AGREEMENT-EXHlBlT lI
BOC .".pp111vnl: Ol/lS/2017
1-
OVER THE COUNTER CREDIT CARD PAYMENTS EXHIBIT IT
SHARING OF NET ENHANCED ACCESS FEES
Public Body will receive 50% of Net Enhanced Access Fees collected from Online Payments Over The Counter Payments and/or Pay Local Taxes. 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. The Court and its Funding Unit or Units are responsible for agreeing upon the final allocation of any fees shared under this plan. Payments will be made q uatterly based on the County's fiscal year of October 1 through September 30. Net Enhanced Access Fees is defined as follows:
•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.
Definitions:
Gross Enhanced Access Fees Collected -All fees added to transactions processed for your
agency paid by end-user
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
Transactional Fees Deducted from Gross Enhanced Access Fees -Result of applying
percentage to Gross Enhanced Access Fees Collected
Net Enhanced Access Fees Remaining-Result of subtracting costs of transactional fees from
Gross Enhanced Access Fees Collected
50% Shared Back with Public Body-Percentage of Total Net Enhanced Access Fees to be
shared with your agency.
Fees Shared Back with Public Body -Funds your agency will receive
To illustrate:
$5,000
X 35%
-$1750
$3250
x50%
$1625
BOC Approval: 02/1512017
Gross Enhanced Access Fees Collected
County's Cost for Transactional Fees
Transactional Fees Deducted from Gross Enhanced Access Fees
Net Enhanced Access Fees Remaining
50% Shared Back with Public Body
Fees Shared Back with Public Body
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I.T. SERVICES AGREEMENT-EXHIBIT II
LT. SERVICES AGREEMENT-EXHIBIT II
INTRODUCTION
EXHIBIT VIII
LT. SERVICES AGREEMENT
OakNet Connectivity
COUNTY RESPONSIBILITIES
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.
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.
3.County shall provide a single port by which Public Body may connect its internal network to
OakNet
4.County shall use reasonable means to provide the LT. Service for the transmission of
information 24 hours a day, 7 days a week.
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.
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.
PUBLIC BODY RESPONSIBILITIES.
I.Public Body shall provide adequate space and electrical power for the County to place
equipment, an equipment cabinet, and cable.
2.Public Body shall promptly provide County staff and authorized third party with physical
access to County equipment for emergency service and scheduled maintenance.
3.Public Body shall not mount any equipment in the County's equipment cabinet.
4.Public Body shall be responsible for configuring and maintaining Public Body's internal
network equipment and cabling. lntemal network equipment shall include cables connecting
Public Body and County equipment.
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l.T. SERV[CES AGREEMENT-EXH!BlT vm
BOC Approval. 0211 �120\ 7
OakNet Connectivity Exhibit VI!I
5.Public Body shall configure Public Body workstations and other equipment to operate
properly on the internal network, including assignmen1iconfiguration of the local IP
addresses, Network Address Translation (NAT), or Domain Name Services (DNS) and as
required to access this I.T, Service.
6.If Public Body terminates this LT, Service, Public Body shall pay any charges related to early
termination of third party communication services provided by County on behalf of Public
Body.
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
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.
9.Public Body shall designate two representatives to act as a primary and secondary Punts of
Contact with County and shall fulfill the responsibilities provided in Section 3.7 of the
Contract.
SUPPORT The I.T. Service will be supported by County's Information Technology (I.T.) Depaitment.
SERVICE 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.
LICENSED USE AND ACCESS
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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LT. SERV[CES AGREEMENT-EXHrB[T vm
BOC Appruval: 02/1512017
INTRODUCTION.
EXHIBITX I.T. SERVICES AGREEMENTCLEMIS
The Courts and Law Enforcement Management Information System (known as "CLEMIS") is a multifaceted, 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:
I.DEFINITIONS. The following words and expressions used throughout this Exhibit, whetherused in the singular or plural, shall be defined and interpreted as follows.
1.1. CLEMIS is the Court and Law Enforcement Management Information System, aninformation 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 LT. 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 CLEM IS, CLEMIS Applications, and services provided by the CLEM IS 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.
Page I of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
1.8. CLEMIS Website is the portion of the County's website dedicated to CLEMIS located at www.oakgov.com/clemis or W\VW.clemls.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 ("CJ!") as defined in the CJ!S Security Policy.
1.10. Fire Records Management System ("FRMS") is a CLEMIS Application that provides anintegrated technology system to participating fire depattments, which is fwther 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 thet·eto shall be signed by the CLEM IS 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 t·eview 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 CLEM!S 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 CJTS Security Policy and all applicable laws, rules, and regulations when using CLEMIS and when generating, entering, and using data that is stored in CLEMlS.
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 quatterly
Page 2 of9 EXHIBITX I.T. SERVICES· INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
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 CLEM!S,
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 CLEM IS, 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 CLEMJS.
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/Expuugment/Redaction, Public Body is solely responsible for updating, expunging, correcting, record locking, or redacting Public Body's data entered into or stored in CLEM!S, as required by law, rule, regulation, coutt 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 ofCLEMJS 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, Tl Lines, etc., used to access CLEMIS.
3.13. E-Mail Address, Public Body shall create and monitor a generic CLEMIS email address. The CLEM IS 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. I 4. Cooperation. Public Body shall fully cooperate with County concerning the performanceof this Agreement.
4.PROVISION OF PUBLIC BODY DATA TO PUBLIC BODY OR THIRD PARTIES.
Page 3 of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
4. l.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. Freedom oflnformation Act Request/Court Orders to County for Public Body Data. County is required and will respond, pursuant to applicable law and/or court order, to Freedom of Information Act ("FOIA") requests and court orders addressed to it and received by it for Public Body data possessed by County. Before responding to a FOIA request or a court order concerning Public Body's data possessed by County, County will use its best effoits to inform Public Body of the request or order and give them an opportunity to provide County with information that could impact County's response to the FOIA request or court order.
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 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 pmty 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. County will not provide data to a third party, unless County is the recipient of a Freedom of Information Act request or court order or is directed in Addendum A to provide 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.
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.
Page 4 of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
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 Pottability and Accountability Act of 1996 ("HIP AA") 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 ifit 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 patty and the third party's use of Public Body's data.
5.FINANCIAL RESPONSIBILITIES CLEMIS FEE
5. l.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 CLEM!S 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
Page 5 of9 EXHIBITX l.T. SERVICES · INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
designee shall report the condition of the CLEMIS Fund and FRMS Fund to the CLEMIS Advisory Committee, on a qua11erly 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 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 PAYMENTAPPLICATION AND CLEMIS CRASH PURCHASE APPLICATION. !fa Public Bodyuses the CLEMIS Citation Payment Application (hereinafter "Payment Application) and/or theCLEMIS Crash Purchase Application (hereinafter "Purchase Application"), then the followingterms and conditions apply:
6.l.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 rep011s 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: (I) 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
Page 6 of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
Commissioners, Miscellaneous Resolution# 07121 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 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 rep011s 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. PublicBody'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.
6.1 l. l. Access to Website. If Public Body is a Com1, then County shall provide access to a password protected website where Public Body/Court can issue
6.1 l.2.
6.11.3.
· credits or refunds and view daily, weekly, and monthly transactions processedthrough the Payment Application.
Contract for Credit Card Processing. If Public Body is a Court, thenCounty shall establish, maintain, and pay for a separate contract for credit cardprocessing services with the entities currently providing credit card processingservices for County, i.e., PayPal Inc. and Elavon, Inc.
Separate Depository Bank Account. If Public Body is a Com1, then itshall maintain a corresponding depository bank account, with a depositoryfinancial institution acceptable to County, for the receipt of monies owed toPublic Body/Court. Public Body/Court shall provide County with all necessarybank 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 CLEM IS Advisory Committee was established to obtain advice and guidance from CLEMIS Members 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
Page 7 of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENT Approved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
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 CoChairperson. The CLEMIS Division Manager shall serve as Executive Secretary to the CLEMIS Advisory Committee. The Executive Secretary shall prepare the agenda for CLEM!S 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 toattend training classes required by the CLEMIS Division. The format of the training classes willbe at the discretion of the CLEMIS Division, e.g., train the trainer, classroom training, or online/remote training. If the training classes are held at County facilities or held in an online/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 Bodybased on time, materials, and location of training classes.
9.SUPPORT AND MAINTENANCE SERVICES. County shall maintain and support theCLEM[S Applications. The CLEMIS Fee includes the costs for support and maintenance servicesfor the CLEM IS Applications and other services provided by the CLEMIS Division, unlessotherwise indicated on Addendum A. When providing support and maintenance services forCLEM!S, County has the authority to prioritize its resources, including, but not limited to, theorder in which calls for support or maintenance will be resolved and allocation of time of itsemployees, agents, subcontractors, and equipment.
l 0. OBLIGATIONS & RESPONSIBITIES UPON TERMINATION/CANCELLATION.
l 0.1. Use of CLEMIS & CLEMIS Applications. Upon the effective date of termination orcancellation of this Exhibit, Public Body shall stop using CLEMIS and CLEM IS Applications and it shall not have access to CLEMIS and CLEMIS Applications.
l 0.2. Use and Access to Public Body's Data. Upon the effective date of termination orcancellation of this Exhibit, Public Body's data shall not be useable by or accessible to any other CLEMIS Member.
Page 8 of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
10.3. Transition of Data upon Terminatiou/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 CLEMlS 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.
Page9of9 EXHIBITX I.T. SERVICES -INTERLOCAL AGREEMENTApproved by CLEMIS Strategic Planning Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15
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). D
D
D
D
D
D D D
D
I!l!L1
0 16 or more FTE's
Tier2 0 16 or more FTE's
Tier 2.5 0 16 or more FTE's
Tier 3 0 16 or more FTE's
!.!ill Rescinded
Tier 5 Rescinded
Tier 6 (eCLEMIS) 0 19 or more FTE's
0
0
0
0
0
6-15 FTE's 0 1 - 5 FTE's
6-15 FTE's 0 1 -5 FTE's
6-15 FTE's 0 1 - 5 FTE's
6 -15 FTE's 0 1 -5 FTE's
6-18 FTE's 0 1 - 5 FTE's
Tier 7 Public Safety Answering Point (PSAP)/Centrai Dispatch Center
!lru:J! 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)
0
0
Pays CLEMIS Fee: receives ticket data. D OPT-OUT of CLEMIS Citation Payment Application
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEM IS Citation Payment Application. D District Court outside Oakland County
0
0
Pays CLEMIS Fee: receives ticket data. 0 OPT-OUT of CLEMIS Citation Payment Application
Does not pay CLEMIS Fee: receives ticket data load and must exclusively use CLEMIS Citation Payment Application.
0 Circuit Court (outside Oakland County -does not contribute any data)D Prosecutor Office (outside Oakland County, does not contribute any data)I { j FRMS Participant (Fire Records Management System)
Page 11 Approved by SP Commlttee 07-08-15 Approved by CLEMlS Advisory Committee 07-16-15 Approved by BOC 8-13-15
H, ADDITIONAL CLEMIS APPLICATIONS
Public Body may select and shall receive any of the CLE MIS Applications, selected below, for a separate cost. The cost for the CLEMIS Applications is set forth on the CLEMIS Website. D Mobile Data Computers ["MDC")
D
D
D
D D
D [Z]
D D
B
D
Page I 2
0 WITH County provided wireless Q WITHOUT County provided wirelessQ CAD Only WITHOUT County provided wireless
Livescan 0 WITH printer 0
Mugshot Q Capture Station and Investigative 0
Jail Management
Q CLEMIS Member located in Oakland County
WITHOUT printer
Investigative Only
0 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
0 Phase I ® Phase II
Fire Records Management System Outside Oakland County
Fire Department Data Extract (Provide third party vendor information below)
0 In Oakland County 0 Outside Oakland County
Vendor Name: _________________________ _
Address: ___________________________ _
Contact: _______________ Phone: ______ _
Email: _______________ _
CRASH Report Payment Amount:
Enhanced Access Fee Disbursement Instructions Q Disbursement when Requested Q Disbursement Quarterly
Make Check Payable to: __________________ _
OPT-OUT of Exhibit V [OakNet Connectivity) OakNet connectivity is not needed
Approved by SP Committee 07-08-15 Approved by CLEMIS Advisory Committee 07-16-15 Approved by BOC 8-13-15