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HomeMy WebLinkAboutResolutions - 2008.11.06 - 9587November 6, 2008 MISCELLANEOUS RESOLUTION #08243 . BY: Public Services Committees. Jeff Potter, Chairperson IN RE: COMMUNITY CORRECTIONS - USER NOTICE AND WARNING, AND LICENSE AND USE INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE BY WATERFORD 51 5T, NOVI 52-1 AND CLARKSTON 52-2 DISTRICT COURTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Community Correction Division in conjunction with the Department of Information Technology havizated=tadaliolled C*Star and; WHEREAS C*Star was created to track information on offenders who enter proyIdIII uperdLed or paid for by the Community Corrections Division and; WHEREAS this information may include, but is not limited to. program enrollment, participation, client! offender progress. demographics, and criminal history and; WHEREAS some of this information is considered confidential and restrictdcf.by .law and; WHEREAS this information may be useful to other criminal justice agencies such as the Michigan Department of Corrections, Field Operations and District Court Probation in the creation of sentencing recommendations and/or in determining compliance with conditions of probation and: 4 . - WHEREAS other crirtinal justice agencies would be eble to dUUUSS this database through the Oak Source portal and; - WHEREAS the sharing of this information with other agencies requires a policy as to the access, use, and distribution of this information and: Whereas Community Corrections and Information Technology, with the assistance of Corporation Counsel, have developed a License and Use Inte'rgovemmental Agreement and; WHEREAS the Waterford 5e. Novi 52-1 and Clarkston 52-2 District Courts have requested access to the information contained in C*Star, and; WHEREAS the sharing of information that is useful to criminal justice agencies increases the public safety and improves the effectiveness.of criminal justice programs and; WHEREAS the citizens of Oakland County will benefit kohl this collaboration and; WHEREAS 1967 PA 7, being MCL 124.501 et. seq.,-authorizes the Board of .Commissioners to enter into written agreements with other governmental entities to perform services jointly or to share resources; NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement authorizing the use of the C*Star software and data by the Waterford 51 s!,' Novi 52-1 and Clarkston 52-2 District Courts. BE IT FURTHER RESOLVED that the Board Chairperson is .authorized to execute the Agreement on behalf of Oaklano County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE • Public Services Committee Vote: Motion carried unanimously on a roil call vote with Potter, Gingen, Potts and Gregory absent Copy of Intergovernmental Agreement between the County of Oakland and the Waterford 51 5', Novi 52-1 and Clarkston 52-2 District Courts are on file in County Clerk's office. • a. Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 51st District Court This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 51“ Waterford District Court, wifn offices at 5100 Civic Center Drive, Waterford, Mich 48329. In this Agreement, the County and the 51st Waterford District Court may be referred to individually as 'Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 ct seq., the County and the 51'1 Waterford District Court enter into this Agreement for the purpose of making data owned and maintained by the County, on or in relation to its C Star Software System, available to the 51 s1 Waterford District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and " the Si" Waterford District Court" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officer, cuaraittees, emplorc.,q, agents, subcontractors, volunteers and/or any such pet .sonsi successors. 2,2. "C Star Software (C Starr means the comprehensive electronic information management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with the assistance of the Department of Information Technology. C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and under the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties. 2.3. "C Star Data (Data)'1 means any input to or output from C Star. 2.4. "LEM" means the Law Enforcement Information Network of the State of 1.1. C Star license 7.30.07 Michigan, under the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. 3. Terms 1.1. License and Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there. The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement. The County retains all decision-making authority regarding data inclusion, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 51" Waterford District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants 51't Waterford District Court a read only license to use C Star software to access and use C Star Data, solely to carry out Si" Waterford District Court 's official functions and legal duties, This license prohibits 51 Waterford District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3. Duration. This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of Commissioners. 3.4, This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3.5. The 51" Waterford District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 5 l't Waterford District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. The 51' Waterford District Court shall not copy, duplicate, or reverse engineer C Star. 3.7. Upon execution of this Agreement, the 51't Waterford District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 51" Waterford District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 51" Waterford District Court wishes to grant additional employees access, the 51" Waterford District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 51" Waterford District Court 's employees and agents, if found to be using: C Star or its Data for inappropriate purposes, will be disciplined for any such 2007-0278 G Star intergovernmental agreement violation according to the 51 st Waterford District Court's policy used if a similar violation occurred using any other systems, whether automated and manual. 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3.10. The 51'' Waterford District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 51'. Waterford District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or administrative rule, including, but not limited to, any applicable LEIN ndes. 3.11. The 51.'t Waterford District Court shall enforce the terms and conditions in C Star's Sign-On Notice and Warning and its own "Acceptable Use Policies." 3.12. The 5Is' Waterford District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors and/or subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 3.12.2, To refrain from using C Star and its Data for any puipose except those authorized by the 51st Waterford District Court in relation to the performance of its official duties. 3.13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 51" Waterford District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or (7quipment necessary for the 51 st Waterford District Court to access C Star and its Data. 3.14. Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the 51" Waterford District Court to provide adequate security to protect C Star and its Data from unauthorized access or use by any unauthorized individual or Third Party or other failure to comply with the tcn-ns and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law. 3.14.1. Upon termination or expiration of this Agreement, the 51 st Waterford District Court shall stop using C-Star for any reason. if any C-Star Data exists in or on any of the 51't Waterford District Court computers, storage devices, data bases, the Si" Waterford District Court shall delete all C- Star Data. 3.14.2. Upon termination or expiration of this Agreement, County will remove 2007-0278 C Star intergovernmental agreement any usernanies and passwords assigned to the 51 st Waterford District Court. 3.14.3. Provisions regarding the use and/or retention of C Star and Data shall survive termination and/or expiration of this Agreement and applies to copies of C Star and Data located at or identified as in the possession of the 51' Waterford District Court and/or its consultants, contractors or subcontractors after the date of termination andior expiration. 3.15. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the 51' Waterford District Court (including any of its employees.) 3.16. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Agreement shall be construed as creating an 'obligation to indemnify or defend the other for any claim, damage or liability arising out of or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 3.17, NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 51 5r WATERFORD DISTRICT COURT. C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. THE 51 ST WATERFORD DISTRICT COURT ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT —ME COUNTY MAY DIMINISH C STAR'S UTILITY TO THE 51 ST WATERFORD DISTRICT COURT. 3.18. THE 5 I sT WATERFORD DISTRICT COURT SHALL ASSUME ALL R.FSPONSIB1LITY FOR ANY COSTS ASSOCIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR, 3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE 2007-0278 C Star intergovernmental agreement Date: /0— ,--08 By: A•c-h44 d. A,t %?ir. asv f ire -a, 0644,,474 Ct Print Name arid Title: r • • SAME FUNCTIONS AS LEN DATA. 3.20. The 515t Waterford District Court acknowledges and agrees that C Star and its Data are provided as is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose. 121. 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. 3.22. Reservation of Rights. 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. 3.23. Agreement Modifications or Amendments, Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here, 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. 3.25. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By: Date: Print Name and Title: For: 5i Waterford District Court: 2007-0278 C Star intergovernmental agreeinent Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 52-1 District Court This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 52-1 Novi District Court, with offices at 48150 Grand River Avenue Novi, MI 48374. In this Agreement, the County and the 52-1 Novi District Court may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq, , the County and the 52-1 Novi District Court enter into this Agreement for the purpose of making data owned and maintained by the County, on or in relation to its C Star Software System, available to the 52-1 Novi District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and" the 524 Novi District Court" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, contraittev7,., frliplo)Tes, agents; 'bo1r actors, volunteers and! OY any such persons' successors. "C Star Software (C Star)" means the comprehensive electronic information management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with hie assistance of the Department of Infomiation Technology. C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and ender the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties, 2.3, "C Star Data (Dala)' means any input to or output from C Star. 2.4. "LEIN" means the Law Enforcement Information Network of the State of C Star license 7.30.07 1.1. Michigan, under the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. 3. Terms 3.1. License and Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there. The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement. The County retains all decision-making authority regarding data inclusion, data access, and use, except as othenvise required by statute, court rule, court order or case law. The 52-1 Novi District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants 52-1 Novi District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 52-1 Novi District Court 's official functions and legal duties, This license prohibits 52-1 Novi District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3. Duration, This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of Commissioners. 3.4. This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3.5. The 52-1 Novi District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 52-1 Novi District Court shall refer any . entities recriestin :Lcceso r_o C 3tar or !_ts Data 1:0 the County, 3.6. The 52-1 Novi District Court shall not copy, duplicate, or reverse engineer C Star. 3.7. Upon execution of this Agreement, the 52-1 Novi District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 52-1 Novi District Court is responsible for updating this information annually for all employees who have continuing access to C Star, If the 52-1 Novi District Court wishes to grant additional employees access, the 52-1 Novi District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 52-1 Novi District Court 's employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such violation according to the 52-1 Novi District Court's policy used if a similar violation occurred using any other systems, whether automated and manual. 2007-0275 C Star intergovernmental agrternent 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3.10. The 52-1 Novi District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 52-1 Novi District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or adminisnative rule, including, but not limited to, any applicable LElN rules. 3.11. The 52-1 Novi District Court shall enforce the terms and conditions in C Star's Sign-On Notice and Warning and its own "Acceptable Use Policies." 3.12. The 52-1 Novi District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors and/or subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 3.12.2. To refrain from using C Star and its Data for any purpose except those authorized by the 52-1 Novi District Court in relation to the performance of its official duties. 3.13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 52-1 Novi District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 52-1 Novi District Court to access C Star and its Data. 3.14. Tennivation. Either .t:)aily may termina te ts Agreeincni on seven (7) days written notice for any reason including failure by the 52-1 Novi District Court to provide adequate security to protect C Star and its Data from unauthorized access or usc by any unauthorized individual or Third Party or other failure to comply . with the terms and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law. - 3.14.1. Upon termination or expiration of this Agreement, the 52-1 Novi District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 52-1 Novi District Court computers, storage devices, data bases, the 52-1 Novi District Court shall delete all C-Star Data. 3.14.2. Upon termination or expiration of this Agreement. County will remove any usemames and passwords assigned to the 52-1 Novi District Court. 114.3. Provisions regarding the use and/or retention of C Star and Data shall 2007-0278 C Star intergovemmentai agreement survive termination and/or expiration of this Agreement and applies to copies of C Star and Data located at or identified as in the possession of the 52-1 Novi District Court and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.15, No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employcr-ernployee relationship between the County (including any of its employees) and the 52-1 Novi District Court (including any of its employees.) 3.16. No Indemnification, Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 3.17. NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. TI-IF COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 52-1 NOVI DISTRICT • COURT, C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. THE 52-1 NOVI DISTRICT COURT ACKNOWLEDGES THAT ANY CHANGES TO - THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR'S UTILITY TO THE 52-1 NOVI DISTRICT COURT. 3.18. THE 52-1 NOVI DISTRICT COURT HALL A.S',.".-UME ALL RESPONS1BILrrY FOR. AN COS'iS ASS -3CIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR. 3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LErN DATA. 3.20. The 52-1 Novi District Court acknowledges and agrees that C Star and its Data are provided as is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose. 2007-0278 C Star intergovernmental agreement Date: ?*4 By: Print Name and Title: 3,21. 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, tight to subrogation and/or any other right in favor of any other person or entity. 3,22. Reservation of Rights. 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. 3.23. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here. 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. 3.25. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By Date: Print Name and Title: For: 52-1 District Court: 2007-0278 C Star Intergovernmental agreement Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 52-2 District Court This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 52-2 Clarkston District Court, with offices at 5850 Lorac, Clarkston MI 48346. In this Agreement, the County and the 52-2 Clarkston District Court may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement 11 Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the 52-2 Clarkston District Court enter into this Agreement for the purpose of making data owned and maintained by the County, on or in relation to its C Star Software System, available to the 52-2 Clarkston District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and " the 52-2 Clarkston District Court shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons successors. 22. "C Star Software (C Star)" means the comprehensive electronic information management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with the assistance of the Department of Information Technology. C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and under the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties. 2.3. "C Star Data (Data)" means any input to or output from C Star. 2.4. "LEIN" means the Law Enforcement Information Network of the State of C Star license 7.30,07 Michigan, wider the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. 3. Terms 3.1. License aud Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there. The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement. The County retains all decision-making authority regarding data inclusion, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 52-2 Clarkston District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants 52-2 Clarkston District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 52-2 Clarkston District Court 's official functions and legal duties. This license prohibits 52-2 Clarkston District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3. Duration. This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of . Commissioners. 3.4. This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3.5. The 52-2 Clarkston District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The. 52-2 Clarkston District Court shall refer any entities requesting access to C Star or its Data to the County, 3.6. The 52-2 Clarkston District Court shall not copy, duplicate, or reverse engineer C Star. 3.7, Upon execution of this Agreement, the 52-2 Clarkston District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 52-2 Clarkston District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 52-2 Clarkston District Court wishes to grant additional employees access, the 52-2 Clarkston District Court shall promptly provide the required information about the person(s) to the County, in writing, 3.8. The 52-2 Clarkston District Court 's employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such 2007-C:1.278 C Star intergovernmental agreement violation according to the 52-2 Clarkston District Court's policy used if a similar violation occurred using any other systems, whether automated and manual. 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3.10. The 52-2 Clarkston District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 52-2 Clarkston District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or administrative rule, including, but not limited to, any applicable LErN rules. 3.11. The 52-2 Clarkston District Court shall enforce the terms and conditions in C Star's sip, Warnin and its own "Acceptable Use Policies." 3.12. The 52-2 Clarkston District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors and/or subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 3.12.2. To refrain from using C Star and its Data for any purpose except those authorized by the 52-2 Clarkston District Court in relation to the performance a fits official duties. 3.13. Fees, There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 52-2 Clarkston District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 52-2 Clarkston District Court to access C Star and its Data. 3,14. Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the 52-2 Clarkston District Court to provide adequate security to protect C Star and its Data from unauthorized access or use by any unauthorized individual or Third Party or other failure to comply with the terms and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law, 3.141 Upon termination or expiration of this Agreement, the 52-2 Clarkston District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 52-2 Clarkston District Court computers, storage devices, data bases, the 52-2 Clarkston District Court shall delete all C- Star Data. 2007-027B C Star intergovemmontal agreement 3.14.2. Upon termination or expiration of this Agreement, County will remove any usernames and passwords assigned to the 52-2 Clarkston District Court, 3.14.3, Provisions regarding the use and/or retention of C Star and Data shall survive tertnination and/or expiration of this Agreement and applies to copies of C Star and Data located at or identified as in the possession of the 52-2 Clarkston District Court and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.15. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the 52-2 Clarkston District Court (including any of its employees) 3.16. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Agreement shall be . construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of or stermning from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 3.17. NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 52-2 CLARKSTON DISTRICT COURT. C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION AND UNDERT.AKEN SOLELY FOR THE BENEFIT OF THE COUNTY. TI-1E 52-2 CLARKSTON' DISTRICT COURT ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR'S UTILITY TO THE 52-2 CLARKSTON DISTRICT COURT. 3.18. THE 52-2 CLARKSTON DISTRICT COURT SHALL ASSUME ALL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR, 3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN 2007-0278 C Star intergovernmental agreement By:, Print Nani and Title: 2007-0275 C Star intergovernmental avreernent PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LEIN DATA. 320. The 52-2 Clarkston District Court acknowledges and agrees that C Star arid its Data are provided as is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose, 3.21, 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. 3,22. Reservation of Rights. 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. 3.23. Agreement Modifications or Amendments, Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here. •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. 3.25. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this 4n-cement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By: Date: Print Name and Title: For: 52-2 Clarkston District Court: Date: ±0Mir Ve5tdmHitle 7-2 Resolution #08243 November 6, 2008 Moved by Clark supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Clark, Coleman, Couiter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jacobsen, KowaII. Long ; Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). 1 eV UPR)yi THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 6, 2008, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 6th day of November, 2008. Gat Ruth Johnson, County Clerk