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HomeMy WebLinkAboutResolutions - 2009.02.05 - 9765February 5, 2009 MISCELLANEOUS RESOLUTION '009020 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 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: • WHEREAS the Community Correction Division in conjunction with the Department of Information Technology have created a dataease called C*Star and: WHEREAS C*Star was created to track information on offenders who enter programs operated or paid for by the Community Corrections Division and, WHEREAS this information may induce, but is not limited to. program enrollment, participation, client / offender progress, demographics, and criminal history and; WHEREAS some of this information is considered confidentia' and restricted by law and; WHEREAS this information may be useful to other criminal jusace agencies, such as the Michigan Department of Corrections, Field Operations and 0:strict Court Probation in the creation of sentencing recommenoations and/or in determining compiiance with conditions of probation and WHEREAS other criminal justice agencies would be able to access this database Through the Oak Source portal and; WHEREAS the sharing of tnis information w'th 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 Intergovernmental Agreement and: WHEREAS the Ferndale 43rd, Oa. Park 45-B and Farmington Hills 47th 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 from this collaboration and: WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Board of Commissioners to enter into written agreements witn 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 Ferndale 43rd, Oak Park 45-8 and Farmington Hills 47th District Courts, BE IT FURTHER RESOLVED tat the Board Chairperson is authorized to execute the Agreement on behalf of Oakiand County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the Public Services Committee : 1 !rove the adoption of the foregoing resolution. Copy of Intergovernmenta' Agreement between the County cf Oakland and the Ferndale 43rd, Oak Park 45-B and Farmington Hiiis 47th District Courts are on file in County Clerk's office. Public Services Committee Public Services Committee Vote: Motion carried unanimously on o roll call vote with Zack absent Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 43rd District Court Ferndale This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 1 (the County) and the 43rd Ferndale District Court. with offices at 305 E. 9 Mile Ici.c_, _rsil, Fe dale MI 48220. In this Agreement, the County and the 43rd Ferndale 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 43rd Ferndale 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 43rd Ferndale Distrif_ourt for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and "the 43rd Ferndale District Ca" 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. 2.2. "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 1.1. Draft 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 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 otherwise required by statute, court rule, court order or case law. The 43rd Ferndale District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants 43 rd Ferndale District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 43"d Ferndale District Court 's official functions and legal duties. This license prohibits 43'd Ferndale 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 recornbination of Data with data from any other source. 3.5. The 43rd Ferndale District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 43rd Ferndale District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. The 43rd Ferndale District Court shall not copy, duplicate, or reverse engineer C Star. 3.7.• Upon execution of this Agreement, the 43rd Ferrdale 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 43rd Ferndale District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If , the 43rd Ferndale District Court wishes to grant additional employees access, the 43rd Ferndale District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 43rd Ferndale 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 43rd Ferndale District Court's policy used if a similar 2007-0278 C Star dr-aft intergovernmental agreement 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 43rd Ferndale 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 43rd Ferndale Distriet 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 LEN rules. 3.11. The 43rc isticit shall enforce the terms and conditions in C - Star's gn-On Notice and WUlaiag2nd its own "Acceptable Use Policies." 3.12. The 43rd Ferndale 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 43rd Ferndale 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 43rd Ferndale District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 43rd Ferndale 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 43rd Ferndale 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. 3.14.1. Upon termination or expiration of this Agreement, the 43rd Ferndale District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 43rd Ferndale District Court computers, storage devices, data bases, the 43rd Ferndale 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 43rd Ferndale District 2007-0278 C Star draft intergovermwntal agreement 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 43rd Ferndale 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 43rd Ferndale District Court (including any of its employees.) • 3,16, No Indernnification. Each Party shall be responsible for the acts andior 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 43RD FERNLV1/4LE 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 43RD FERNDALE 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 43RD FERNDALE DISTRICT COURT. 3.18. THE 43RD FERNDALE 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 PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LEIN DATA.. 2007-0278 C Star di afi intergovernmental agreement By: Date: NGO — DISTRICT COURT JUDGE Print Name aid Title: ( For 43RDDISTI4t7 COURT 3.20. The 43rd FerndaleDisirictilcarLacknowledges 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. 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 Agreement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By: Date: Print Name and Title: 2007=0278 C Star draft intergovernmental agreement Intergovernmental Agreement and License For Use of C Star Software • Between The County of Oakland and 47th District Court Tins 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 47th District Court, with offices at _31605 Eleven Mile Road. FarminOon Hills MI 48336, In this Agreement, the County and the 47 th District Coto 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 Ag reemen t Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the 47th 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 ,1-7th District Court . for the purposes and uses set forth in this Agreement. 2. Definitions 2,1. "Oakland County" and "the 47th District Court_" shall be defined to include any and all departments, divisions, commissioners, elected and appcinted officials, directors, board members, council members, commissioners, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such - persons' successors. 2.2. "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 Draft e star license 7.30.07 1.1. Michigan, under the control and management of the Michigan Department of State Police, whose existence, operatic° 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 ineluson, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 47th District Court specifically disc/aims any ownership r:ghts in or to C Star or its Data. 3,2. The County grants 47 th District Cotrt_a read only license to use C Star software to access and use C Star Data, so:ety to carry out 47th District 0:31.itl 's official .functions and legal duties, This license prohibits 47th 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 47th District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 47111 District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. The 47th District Court' shall not copy,.juplicate, or reverse engineer C Star. 3,7. Upon execution of this Agreement, the 47th 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 47th District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 47th District Court wishes to grant additional employees access, the 47th Distr:ct Court shall promptly provide the required information about the person(s) to the County, in writing. 3.g. The 47th D',striet. Court 's employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such vioiation according to the 47th District Coda's policy used if a similar violation occurred using any other systems, whether automated and manual. 2007-0278 C Star drift intergovemmenzul rigmanen: 19. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology arid through site visits. 3.10. The 47th 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 47th 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 LE1N rules. 3.11. The 47th 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 47th District Court shall require any and all of its consultants, contractors anchor 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 47th 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 47th District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 47th 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 47th 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. 3.14.1. Upon termination or expiration of this Agreement, the 47th District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 47th District Court computers, storage devices, data bases, the 47th 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 47th 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 2007-027S C Stc STait tnteiiwernmntt ugretment the 47th District Court and/or its consultants, contactors or subcontractors after the date of termination and/or expiration. 3.15. No Empioyec-Employer Relationship. Nothing in this Agreement sha:i be construed as creating an employer-employee relationship between the County (including any of its employees) and the 47th District Conn (including any of its employees.) 3.16. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents andior employees. Nothing in this .Veement shall be construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of or szemining 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 2-7TH 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 (IOUs:TY. THE 47TH ..DISTRACT COURT ACKNOWLEDGES THAT ANY CHANGES -10 THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY - DIMINISH C STAR'S UTILITY TO THE 417T1-1. MIRK:T. COURT. 3.18. THE 47TH DI.e:TRICT COURT SHALL ASSUME ALL RESPONSIBILITY FOR ANY COSTS AssocEATED 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 LEIN DATA. 3.20. The. 47th 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. 3.21. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, 2907-0278 C Star draft intergovernmental agreement For 1114-i1f,s4c/ `F Print and Titic—f1.01,4 d i. 1.041si, f Date: / 2 - 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 shalt he 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 act:ons 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 Nornr, and 'Title: 2007-0278 C Star draft intergovernmental e8reernent Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 45-8 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 45-B Oak Park District Court, with offices at _13600 Oak Park Blvd, Oak Park, MI 48327. In this Agreement, the County and the 45-B Oak Park District Court may be referred to individually as "Party" or jointly as "Parties." hi 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 45-B Oak Park 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 45-B Oak Park District Court , for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and "the 45-B Oak Park 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. 2.2. "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. 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 Cominunity 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. "LEW" means the Law Enforcement Information Network of the State of Draft 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 otherwise required by statute, court rule, court order or case law, The 45-8 Oak Park District Court specifically disclaims any ownership rights in or to C Star or its Data. 12. The County grants 45-B District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 45-B District Court 's official functions and legal duties. This license prohibits 45-B 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 45-B Oak Park District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 45-B Oak Park District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. the 45-B Oak Park District Court shall not copy, duplicate, or reverse engineer C Star. 3,7. Upon execution of this Agreement, the 45-8 Oak Park 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 45-B Oak Park District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 45-8 Oak Park District Court wishes to grant additional employees access, the 45-B Oak Park District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 45-B Oak Park 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 45-B Oak park District Court's policy used if a similar 2007-0278 C Star draft mtergovermental agreement 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 45-B Oak Park District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and inforrn.ation will be accessed and used only to the extent and only for the purposes that the 45-B Oak Park 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 rules. 3.11. The 45-B Oak Park 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 45 7B Oak Park District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star arid 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 45-B Oak Park 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 terins and conditions of this Agreement. However, the 45-B Oak Park District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 45-B Oak Park 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 45-B Oak Park 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. 3.14.1. Upon termination or expiration of this Agreement, the 45-B Oak Park District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 45-B Oak Park District Court computers, storage devices, data bases, the 45-B Oak Park District Court shall delete all C- Star Data. 3.14.2, Upon termination or expiration of this Agreement, County will remove 2n7-0275 C Star draft intergovernmental agreement any usernames and passwords assigned to the 45-B Oak Park 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 45-B Oak Park 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 ernployer-employee relationship between the County (including any of its employees) and the 45-B Oak Park 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 OT 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 45-B OAK PARK 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 45-B OAK PARK DISTRICT COURT ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C STAR TIIAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR'S UTILITY TO THE 45-B OAK PARK DISTRICT COURT. 3.18. THE 45-B OAK PARK 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 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 draft intergovernmental agreement Date: • Ct cl-- Ju66P-. By: Print Name and Title: LA k (Et.)/---,Wi A e SAME FUNCTIONS AS LEIN DATA. 3.20. The 45-B Oak Park District Court acknowledes and agrees that C Star and its Data are provided AS Is, without any warranty of any type whatsoever, including any warranty (A-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 ally 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, °Manion, duty or Mull unity 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 45-B1=) tS.-[ CT 2007.-0278 C Star draft intergovernmental agreement February 5, 2009 Resolution #09020 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES; Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen. Long. McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott, Taub, Woodward, Bullard. (24) 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). STATE OF MICHIGAN) COUNTY OF OAKLAND) i, 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 February 5, 2009, 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 5th day of February, 2009. Gait Ruth Johnson, County Clerk