2006-42COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Washington County, Nebraska, providing for a shared
law enforcement records management system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL, SCHEVE, WOLFF,
BIFFAR, MCMANIGAL AND FANOELE VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AD ADOPTED THIS 26 DAY OF SEPTEMBER, 2006.
ATTEST:
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BRENDA R. WHEELER, CITY CLERK
(SEAL)
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
RESOLUTION 2006 - 42
CITY OF BLAIR, NEBRASKA
BY_
JA S REALPH, MAYZ
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City held on
the 26th day of September, 2006.
_Lir(
BRENDA R. WHEELER, CITY CLERK
INTERLOCAL COOPERATION ACT AGREEMENT
BETWEEN
WASHINGTON COUNTY, NEBRASKA
AND
CITY OF BLAIR
FOR SHARED LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM
THIS AGREEMENT is entered into by and between WASHINGTON COUNTY,
NEBRASKA, (hereinafter referred to as "COUNTY "), and the CITY OF BLAIR, (hereinafter
referred to as `GLAIR "), and is made pursuant to the authority provided in the Nebraska
Interlocal Cooperation Act (§13-801, R.R.S., 1991 et seq.):
The County intends to purchase and implement a law enforcement record management
system from Interact Public Safety Systems; and the County and Blair will both benefit from this
purchase with a shared law enforcement record management system; and the estimated purchase
price of the system is $399,999.00; and the County and Blair are in agreement that the County
shall purchase the law enforcement record management system from Interact Public_ Safety
Systems and that both parties agree to share annual maintenance costs of the Interact Public
Safety System' s proj ect.
In consideration of the foregoing recitals and mutual covenants of the parties hereinafter
expressed, the parties agree as follows:
1. PROJECT BENEFITS. The County and Blair, ( "parties ") agree that the project will
be a general benefit to the County and to Blair.
2. PROJECT PARTICIPANTS. The project shall be undertaken by the County and paid
for by the County without any separate entity being created and the duties and
responsibilities of the parties with respect to the project shall be defined by this
agreement.
3. OPERATION AND MAINTENANCE OF THE PROJECT. After installation and
acceptance of the Interact Public Safety Systems Project by the County, the County
and Blair will share in the annual maintenance cost of the project on a pro -rata basis
according to each entity's use.
4. PRO -RATA CALCULATION. Pursuant to the contract for the project with Interact
Public Safety Systems, there will be no maintenance cost for the first year.
Accordingly, the shared maintenance cost for the second year of this agreement will
be based upon the actual use of each entity calculated from the data available at the
end of the first year. Each year thereafter the total maintenance fee to the parties will
be calculated and pro -rated based on the percentage used by each party according to
the year -end data available through Interact Public Safety System. The pro -rata
calculation shall be based upon actual use by each entity of each of the three software
and services including a percentage use basis of CAD software and services, RMS
software and services and JMS software and services for a total pro -rata share based
upon the percentage use of each of the three software services CAD, RMS, and JMS.
If one of the three software and services is not utilized by one of the entities then that
entity will not share in the cost of that particular software or service.
5. BILLING. Following the calculation of the pro -rata basis after the first year of use,
and upon the County's receipt for the annual maintenance fee from Interact Public
Safety System, Blair will be billed its pro -rata share for the second year of the
contract based upon its actual use of the system. Each year thereafter the County will
bill Blair its pro -rate share at year -end, as defined in paragraph four (4).
6. PAYMENT. Blair will pay to Washington County its share of the annual
maintenance fee within thirty (30) days of receipt of its shared cost from County.
7. TERMINATION FOR NON - PAYMENT. If Blair fails to make full payment
referenced above, the County shall provide written notice to Blair that the contract is
terminated and that shared services will be discontinued thirty (30) days from the date
of the written notice.
8. TERM OF AGREEMENT. This agreement shall be binding on the parties for five
(5) years, subject to the termination provisions contained herein.
9. TERMINATION. Either party may terminate this contract at will by giving the other
party six (6) months written notice of its desire to cease participation in the shared
maintenance costs for the Interact Public Safety Systems project.
Attes
Washin
10. NOTICES. All notices shall be in writing and shall be served upon the parties at the
addresses set out below, or at such other address as either party may hereafter
designate in writing for service of notice to itself. The mailing of a notice by certified
or registered mail; return receipt requested upon the party's designee shall be
sufficient service.
11. BINDING EFFECT. The provisions of this agreement shall inure to the benefit of,
and shall be binding upon, the successors in interest and assigns of the respective
parties.
12. EFFECTIVE DATE. This agreement shall be in force and effect from and after its
execution by the parties hereto.
13. NON - DISCRIMINATION. The parties hereto shall not, in the performance of this
agreement, discriminate or permit discrimination in violation of federal or state laws
or local ordinances because of race, disability, color, sex, age, political or religious
opinions, affiliations or national origin.
14. APPLICABLE LAW. Each party to this agreement shall follow all applicable federal
and state statutes and regulations in carrying out the faithful performance and temis
of this agreement.
15. CAPTIONS. Captions used in this agreement are for convenience and not for use in
the construction of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement on the date
hereinafter indicated pursuant to authorizing resolutions duly adopted at regularly called
meetings of their governing bodies.
The County has executed this agreement on this 21 day of
Washington County,
1555 Colfax Street, P.O. Box 466,
Blair, E 68008
on County Clerk
.
Duane ilcox, Chairperson
, 2006.
Washington County Board of Supervisors
Attest:
Blair has executed this agreement on this o(( day of S '26K-Y'` , 2006.
City Clerk
ex/ c ah0,
City of Blair
218 South 16 Street, Blair, NE 68008
h
Mayor of Blair