Loading...
R-1457 - 04/24/2015 - MUNICIPAL - Resolutions RESOLUTION 2015-IT-PD-AG-R-1457 A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE VILLAGE AND MUNICIPAL SYSTEMS, INC. WHEREAS, on June 12, 2012, the Village of Oak Brook ("Village') entered into an agreement with Municipal Systems, Inc. ("MSPI for MSI to provide the Village software and database services to assist the Village in issuing, tracking, and adjudicating citations for parking tickets and other Village ordinance violations("Agreement'j; and WHEREAS, the Commission on Accreditation for Law Enforcement Agencies ("CALEA'l adopted new standards, which require the Village to amend its agreements with certain software vendors to include provisions addressing such items as data ownership, data sharing, and access and security, for the Village to remain accredited by CALEA; and WHEREAS, the Village and MSI desire to amend the Agreement pursuant to the amendment attached hereto as Exhibit A ("Amendment'j; and WHEREAS, the President and Board of Trustees have determined that it is in the best interest of the Village to approve the Amendment; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of Amendment. The Amendment in substantially the same form as attached hereto as Exhibit A shall be, and is hereby, approved. Section 3: Authorization and Execution of Amendment. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Amendment in substantially the same form as attached hereto as Exhibit A, after receipt of the final Amendment fully executed by MSI. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2015-IT-PD-AG-R-1457 Approving Amendment to MSI Agreement Page 2 of 3 APPROVED THIS 28th day of April, 2015 i Gopa G. Lalmalani Village President PASSED THIS 28th day of April, 2015. Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: None ATTEST: Charlotte K. Pruss y Village Clerk R Resolution 2015-IT-PD-AG-R-1457 Approving Amendment to MSI Agreement Page 3of3 EXHIBIT A r1wi AMENDMENT TO AGREEMENT MOS-MOVE subscription agreement This Amendment dated this A$fT-jj day of Ae6 L ,2015, by and between the VILLAGE OF OAK BROOK( "THE MUNICIPALITY")and MUNICIPAL SYSTEMS, INC,("MSI"). Whereas, the parties have previously entered into a certain agreement dated the 6th day of July, 2012, regarding an Administrative Parking/Compliance and Local Ordinance Hearing System ("the Agreement"), and; Whereas,the parties wish to amend the Agreement as set forth in this Amendment. Now,therefore,the parties hereby agree as follows. Passwords and Access.THE MUNICIPALITY is responsible for maintaining the security and confidentiality of all its user names and passwords.THE MUNICIPALITY agrees to notify MSI immediately of any unauthorized use of any user name or password or account or any other known or suspected breach of security. Customer Data. All data created or stored by THE MUNICIPALITY at the website provided by MSI, shall remain the sole property of THE MUNICIPALITY. MSI will not access THE MUNICIPALITY's data for any purpose other than to provide support services to THE MUNICIPALITY. Data Accuracy. THE MUNICIPALITY will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of THE MUNICIPALITY's data. Data Security and Redundancy. Commercially reasonable security measures are in place to protect THE MUNICIPALITY'S data against unauthorized access or use. Production and backup disaster recovery systems are maintained in geographically dispersed, secured data centers in the United States with redundancy on all critical support elements. Data Access. All THE MUNICIPALITY's data has been created and provided solely by THE MUNICIPALITY or third parties without the participation of MSI. MSI assumes no responsibility for the accuracy, propriety, or usefulness of the data. Data Retention. During the term of this agreement, THE MUNICIPALITY may extract its data at any time by accessing the data export function within the MSI software. Upon termination of the agreement, THE MUNICIPALITY's data will be returned in a common computer delineated file. Upon termination of this agreement, MSI will retain THE MUNICIPALITY's data for go days at which point the data will be removed from the server. Should THE MUNICIPALITY wish to have any of its data purged, MSI will perform the function for THE MUNCIPALITY on a time and material basis. Loss of Data. Nightly backups of THE MUNICIPALITY's data will be conducted. If THE MUNICIPALITY's system is impacted by any failure or other incident resulting in data loss, commercially reasonable steps will be taken to restore the data from the most recent, existing unaffected backup available. MSI makes no representations or warranties regarding its ability to recover any of THE MUNICIPALITY's lost data. The Agreement,except as modified by this Addendum,shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this addendum on the dates written below. VIl:IIT1't3F ANYTOWN IL L MUNIC INC MUNICIPALITY An Iltinais Caporafin <B Matthew C.Regan Fresh en#JlUlayvt(PAINT) Chief Executive Officer(PAINT) s. IY7�1J L..', �'�?✓'�L► Presider ni ' �RE ) Cb of�xeciatiue Officer(31E',NATURE) Atfeste�l: Attested:` . x erlc PJ T) Secretary(PAINT) c Geric(StATf 1RE) Secretary(SIGNA Da# C' Zo.� Date: ;20