HomeMy WebLinkAboutResolutions - 2009.07.15 - 9784July 15, 2009
MISCELLANEOUS RESOLUTION #09139
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 — SOUTHFIELD
46TH, PONTIAC 50TH AND ROCHESTER HILLS 52-3 DISTRICT COURTS
To the Oakland County Board of Commissioners
Chairperson, Ladles and Gentlemen:
WHEREAS the Community Correction Division in conjunction with the Department of Information
Technology have ereated d ddLiodSe Called C*Star and:
WHEREAS C*Star was created to track information on offeneers who enter programs operated or
Paid for by the Community Corrections Division and:
WHEREAS this information may include, but is not limited to, program enrollment, parecipation„
client ! offender progress, demographics, and criminal liistoiy eoLi
WHEREAS some of this information is considered confidential and restricted 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 Cool Probation in the creation
of sentencing recommendations and/or in determining compliance 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 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 Intergovernmental Agreement and;
WHEREAS the Southfield 46th, Pontiac 50th and Rochester Hills 52-3 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 oncl;
WHEREAS 1967 PA 7, being MCL 124.501 et. seq., authorizes the Boaro 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 CUrrirribbrurieiS dpprOVeS the attacried
intergovernmental agreement authorizing the use of the C'Star software and data by the
Southfield 46th. Pontiac 50th and Rochester Hi Is 52-3 District Courts.
BE lT FURTHER RESOLVED that the Board Chairperson ic eutheri7erl t i-iit thi==
Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the
terms and conthtions of tne Agreement.
Chairperson, on behalf of the Public Services Committee. I move the adoption of the foregoing
resolution.
Copy of Intergovernrnenta. Agreement between the County of Oakland and the Southfield 46th,
Pontiac 50th and Rochester Hills 52-3 District Courts are on file in County Clerk's office.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Runestad absent
Intergovernmental Agreement and License
For Use of C Star Software
Between
The County of Oakland and
46m 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 46th District Court, with offices at 26000 Evergeen. Southfield, MI 48037.
In this Agreement, the County and the 46th 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 46th 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 46th District Court, for the purposes and
uses set forth in this Agreement.
2. Definitions
"Oakland County" and "The 46th 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. 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 ease law. The 46th District Court
specifically disclaims any ownership rights in or to C Star or its Data.
3.2. The County grants the 46th District Court a read only license to use C Star
software to access and use C Star Data, solely to carry out the 46th District
Court's official functions and legal duties. This license prohibits the 46th 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 46th District Court shall not sell, distribute or disseminate Data to other
governmental or private entities. The 46th District Court shall refer any entities
requesting access to C Star or its Data to the County.
3.6. The 46th District Court shall not copy, duplicate, or reverse engineer C Star.
3,7. Upon execution of this Agreement, the 46th 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 Stat and its Data, in writing.
The 46th District Court is responsible for updating this information annually for
all employees who have continuing access to C Star. If the 46th District Court
wishes to grant additional employees access, the 46th District Court shall
promptly provide the required information about the person(s) to the County, in
writing.
3.8. The 46th 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 46th District Court's policy used if a similar violation occurred
using any other systems, whether automated and manual.
2007-027g
C Star draft intergtwernmental agreement
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 46th 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 46th 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 LEN rules.
3.11. The 46th 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. 1he 46th 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 46th 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 46th District Court assumes all
responsibility, including any costs of or for providing and maintaining any
infrastructure, connectivity, hardware or equipment necessary for the 46th 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 46th 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 46th District Court
shall stop using C-Star for any reason. If any C-Star Data exists in or on
any of the 46th District Court computers, storage devices, data bases, the
46th District Court shall delete all C-Star Data.
3.14.2. Upon termination or expiration of this Agreement. County will remove
any usernames and passwords assigned to the 46th 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
2D07-0278
C Star draft trnergovortmental agreement
copies of C Star and Data located at or identified as in the possession of
the 46th 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 46th 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 TIM 46111 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. TilE
46TH 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 46TH DISTRICT COURT.
3.18. THE 46TH 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 Tl IE 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 46th 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 draft intergovenmwtal agretment
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 gta IdelelAjA
Prim Name and Title:
Date: i/t4fO ck
For 1‘ 0/./17e/Cf--- c-Yeet
By: 1417 / • .2 Date; S 6),9
Prim Name and Title: &if"' 11.-7: A1694/ .C2747, e1/57/6/ —1 6'0 ‘41—
2007-027kc
C Star draft intergovernmcntat agreement
Intergovernmental Agreement and License
For Use of C Star Software
Between
The County of Oakland and
50th District Court
This Intergovernmental Agreement (Agilement) is made between the County of Oakland, a
Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341
(the County) and the 50th District Court with offices at 70 N. Saginaw Street, Pontiac, MI
48342. In this Agreement, the County and the 50th 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
1.1. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq.;
the County and the 50th Ipistrict Court enter into this Agreement for the purpose
of making data owned anl maintained by the County, on or in relation to its C
Star Software System, available to the 50th District Court. for the purposes and
uses set forth in this Agrement
ZA Definitions
2.1. "Oakland County" and "The 50th 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 Coun ' , and managed by the Department of Community
Corrections, with the ass stance of the Department of Information Technology. C
Star was developed to cr ate an electronic source of information about those
accused of and/or convici ed 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 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 perinit 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 50th District Court
specifically disclaims any ownership rights in or to C Star or its Data.
3.2. The County grants the 50th District Court a read only license to use C Star
software to access and use C Star Data, solely to carry out the 50th District
Court's official functions and legal duties. This license prohibits the 50th 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 50th District Court shall not sekdistribute or disseminate Data to other
governmental or private entities. The 50th District Court shall refer any entities
requesting access to C Star or its Data to the County.
3.6. The 50th District Court shall not copy, duplicate, or reverse engineer C Star.
3.7. Upon execution of this Agreement, the 50th 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 50th District Court is responsible for updating this information annually for
all employees who have continuing access to C Star. If the 50th District Court
wishes to grant additional employees access, the 50th District Court shall
promptly provide the required information about the person(s) to the County, in
writing.
3.8. The 50th 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 50th District Court's policy used if a similar violation occurred
using any other systems, whether automated and manual.
2007-0278
C Star draft :rnergovemnicirtai agreettletr.
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 50th 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 50th 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 50th 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 50th District Court shall require any arid 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;
3.112. To refrain from using C Star and its Data for any purpose except those
authorized by the 50th 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 50th District Court assumes all
responsibility, including any costs of or for providing and maintaining any
infrastructure, connectivity, hardware or equipment necessary for the 50th 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 50th 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 50th District Court
shall stop using C-Star for any reason, If any C-Star Data exists in or on
any of the 50th District Court computers, storage devices, data bases, the
50th District Court shall delete all C-Star Data.
3.14.2. Upon termination or expiration of this Agreement, County will remove
any usernames and passwords assigned to the 50th 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
2007-0278
C Star draft intergovernmenttO agreement
copies of C Star and Data located at or identified as in the possession of
the 50th 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 50th 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 50TH 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' THECOUNTY, THE
50TH 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 50111 DISTRICT COURT,
3.18. THE 50TH 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.
3.20. The 50th 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 dra-.1 intergovernmentzl agreement
Print Name and Title: de- 6e 4i1
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 at
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:
Date: /14 1Ock
Prim Name and Title:
By:
For 4
( _
By:
e ....-
e
-A- C
2007-0278
C Star draft intergovernmental agreement
User Notice and Warning
Access to this system is restricted to authorized users only, You may use this system only in the
performance of your official criminal justice duties and for no other purpose whatsoever. You
may only read information from this system. You may not copy, download, print, save or
otherwise duplicate information contained in this system into any other electronic data base or
onto any other electronic device.
You have no authority to change information already in this system. You have no authority to
add information to this system or to delete information from this system. If you discover that
information in this system is incorrect, you should report the error to the Oakland County
Community Corrections Division. The Community Corrections Division is the only entity
authorized to make changes to or additions or deletions of any type to the data contained in this
system.
The infermation contained in this system is not intended to nor does it, replace the Michigan
Department of State Po:ice's Law Enforcement infarnation Network (LEIN), Your right to
acces5 LEIN or use the information it contains is strictly governed by statute and the policies of
the Michigan Department of State Police. If the information you review in this system differs
from the information you are authorized to obtain from LEIN, the information obtained from
LEIN should be viewed as final and authoritative.
Your use of this system is not private. Oakland County reserves the right to monitor the use of
this system, and to use the information. discovered for any purposes permitted by law, Use of
:his system is also governed by Oakland County policies including, but not limited to, the
Oakland County Electronic Communications Policy. In addition, use of this system is governed
by all applicable federal, state and local laws, Civil and criminal penalties may attach to the
misuse of the system or information on the system (i.e. federal civil and criminal penalties attach
:o the misuse of IRS 1099 information) Removing or disabling this Warning Banner shali
constitute a violation of County policy regarding the acceptable use of this system by another
agency. Your employer or agency has entered into an intergovernmental agreement to obtain a
license to permi7. you to use this system. Your agency has agreed that if you misuse the system,
your actions may be punished by discipline including, but not limited to, dismissal.
To acknowledge that you have read and understand this Notice and Warning, press the "OK"
button,
2007-0278
C Star User Notice and Warning
Intergovernmental Agreement and License
For Use of C Star Software
Between
The County of Oakland and
52-3 District Court
This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a
Constitutional and Municipal Corporation, 1200 N. Telegaph Road, Pontiac, Michigan, 48341
(the County) and the 52 -3 District Court, with offices at 700 Barclay Circle, Rochester. MI
0307. In this Agreement, the County and the 52 -3 Di trict 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 52-3 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 52-3 District Court, for the purposes and
uses set forth in this Agreement.
Ll.
Definitions
2.1. "Oakland County" and "The 52-3 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.
"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 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 ease law. The 52-3 District Court
specifically disclaims any ownership rights in or to C Star or its Data.
3.2. The County grants the 52-3 District Court a read only license to use C Star
software to access and use C Star Data, solely to carry out the 52-3 District
Court's official functions and legal duties. This license prohibits the 52-3 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 52-3 District Court shall not sell, distribute or disseminate Data to other
governmental or private entities. The 52-3 District Court shall refer any entities
requesting access to C Star or its Data to the County.
3.6. The 52-3 District Court shall not copy, duplicate, or reverse engineer C Star.
3.7. Upon execution of this Agreement, the 52-3 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 51-3 District Court is responsible for updating this information annually for
all employees who have continuing access to C Star. If the 52-3 District 0.y..irt
wishes to grant additional employees access, the 52-3 District Court shall
promptly provide the required information about the person(s) to the County, in
writing.
3.8. The 52-3 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 52-3 District Court's policy used if a similar violation occurred
using any other systems, whether automated and manual.
2007-0278
C Star draft intorgoverinoital ugrecrunt
3,9, The County retains the right to monitor use of C Star and its Data remotely
though the Department of Information Technology and through site visits.
3,10. The 52-3 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 52-3 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 LEN rules.
3.11. The 52-3 District Court shall enforce the terms and conditions in C Star's 5ig,p7
On Notice and Warning and its own "Acceptable Use Policies."
3.12. The 52-3 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;
3,12,1 To refrain from using C Star and its Data for any purpose except those
authorized by the 52-3 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 52-3 District Court assumes all
responsibility, including any costs of or for providing and maintaining any
infrastructure, connectivity, hardware or equipment necessary for the 52-3 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 52-3 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 52-3 District Court
shall stop using C-Star for any reason. If any C-Star Data exists in or on
any of the 52-3 District Court computers, storage devices, data bases, the
52-3 District Court shall delete all C-Star Data.
3.14.2. Upon termination or expiration of this Agreement, County will remove
any usernames and passwords assigned to the 52-3 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
2007.0278
C Star draft iittergovernmvrital agretment
copies of C Star and Data located at or identified as in the possession of
the 52-3 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 52-3 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 52-3 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 52-3 DISTRICT
COURT ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C
STAR THAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR'S
UTILITY TO TI IF 52-3 DISTRICT COURT.
3.18. THE 52-3 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.
3.20, The 52-3 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.
200.;-0218
C Star draft intervvernmental agrwment
< (- Date:
-
1S-Cti Ili') ',lit
.
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.
124. 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: EL IO R(A-QQA-1
Print Name and Title;
Date:
AFor
1,, L rt , • By:
Print Nam' and Inle:1 1)1 fi 111/4-= Ei ilk(' 4i
2007-0278
C Szar Craft intergovernmentar agrqernent
Resolution #09139 July 15, 2009
Moved by Gapelto supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Capella, Coleman, Coulter, Douglas, Gershensen, Gingen, Gosse'in, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runeslad,
Schweitz. Scott, Taub, Woodward, Zack. Bullard. (25)
NAYS: None, (0)
A sufficient majority having voted in favor. the resolutions (with fscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE‘TOlitGOING RESOLUTION
ACING PURSUANT TO 1973 PA 139
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 July 15.
2009, with the original record thereof now remaining in my office.
In Testimony Whereof, ' have hereunto set my hand and affixed the seal of the County of Oakiand
Pontiac, Michigan this 15th day of July, 2009.
Gat
Ruth Johnson, County Clerk