2014-06RESOLUTION 2014 - 6
COUNCIL MEMBER KEPHART 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 to cooperate in the joint
use of computer hardware, software and information technology personnel.
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
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 CHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
CHRISTIANSEN, JENSEN AND HALL VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 25 DAY OF FEBRUARY, 2014.
CITY OF BLAIR, NEBRASKA
BY � r QJ
JAM". . REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
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
25th day of February, 2014.
BRENDA R. WHEELER, CITY CLERK
This Agreement made this 1 15 day of -e- r Li e , 20 , by and between the City
of Blair, Nebraska, a governmental subdivision, ( hereinafte referred to as `GLAIR "), and
Washington County, Nebraska, a governmental subdivision, (hereinafter referred to as
"COUNTY ").
WHEREAS, the Interlocal Cooperation Act of the State of Nebraska, being specifically
§13 -801 et seq. (N.R.S. Reissue 2012), allows local governmental units to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of
local communities; and
WHEREAS, various departments of COUNTY and BLAIR utilize computer hardware
and software to provide critical information and services to residents of Washington County; and
WHEREAS, BLAIR owns, operates, and maintains a fiber optic cable which runs from
Blair City Hall to the basement of the County Courthouse, thereby providing interconnectivity
for the joint use of computer hardware and software; and
WHEREAS, COUNTY and BLAIR are willing to form a Technology Oversight
Committee (TOC) to recommend ways COUNTY and BLAIR may cooperate in the joint use of
computer hardware, software and information technology personnel in order to improve services,
limit the cost of services, and to ensure standard security and configuration procedures; and
WHEREAS, it is necessary for COUNTY and BLAIR to enter into an agreement to set
forth their respective rights, duties and obligations.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
. PURPOSE
The purpose of this Interlocal agreement is to establish a Technology Oversight
Committee (TOC) which shall recommend ways COUNTY and BLAIR may cooperate in
the joint use of computer hardware, software and information technology personnel in
order to improve services, limit the cost of services, and to ensure standard security and
configuration procedures throughout Washington County and the City of Blair.
I. TECHNOLOGY OVERSIGHT COMMITTEE
COUNTY and BLAIR hereby establish a Technology Oversight Committee (TOC). The
TOC shall provide oversight and recommendations regarding the operation of the Shared
Interlocal Agreement to Establish Technology Oversight Committee Page 1
System and future upgrades, modifications and enhancements. The TOC shall report in
writing to the Washington County Board of Supervisors and the Blair City Council no
later than April 1 of each year regarding the status and condition of the Shared System;
recommended upgrades, modifications and enhancements to the Shared System or the
management of the Shared System; and recommended appropriations to be borne by
COUNTY and BLAIR.
A. TOC shall consist of fifteen (15) members, appointed annually, as follows:
1. Three (3) members of the Washington County Board of Supervisors, as
appointed by the Chair of the Washington County Board of Supervisors.
2. Three (3) members of the Blair City Council, as appointed by the Mayor of
Blair.
3. Two (2) Washington County Department Officials, as appointed by the Chair of
the Washington County Board of Supervisors.
4. Washington County Sheriff, or designee.
5. Blair City Administrator, or designee.
6. Blair Chief of Police, or designee.
7. Fire Chief, Blair Volunteer Fire Department, or designee.
8. A Fire Chief from a department in Washington County, as appointed by the
Chair of the Washington County Board of Supervisors.
9. Blair IT Director or designee, as appointed by Blair City Administrator.
10. Washington County IT Director or designee, as appointed by the Chair of the
Washington County Board of Supervisors.
The members of the TOC shall appoint two (2) co- chairs, one from the Washington
County Board of Supervisors or their representative and one from the Blair City Council
or their representative, who shall alternately preside at meetings of the TOC. The
members of the TOC shall also appoint a secretary, who shall keep minutes of all
meetings and record the decisions of the TOC. The co- chairs or secretary shall represent
the TOC before elected officials and organize the work of the TOC.
B. At all meetings of the TOC at least five (5) members shall be necessary and
sufficient to constitute a quorum for the transaction of business. The
affirmative votes of a majority of members present, but not less than five (5)
affirmative votes, are required to take any action.
C. The TOC shall meet as often as necessary, but not less than once each
calendar quarter, to consider the Shared System status and planning; ongoing
or upcoming Shared System maintenance; Shared System configuration
changes or hardware and software upgrades; and recommended management
of the Shared System.
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III® DEFINITIONS
As used herein, the following terms shall have the following definitions.
A. "County LAN" means the County's local area network, including servers,
computers, tablets, printers or other electronic devices, interconnected through
wired or wireless switches or routers. The County LAN may be connected to
other LANs through wired or wireless switches or routers. All costs associated
with the County LAN shall be borne exclusively by COUNTY.
B. "Blair LAN" means the City of Blair's local area network, including servers,
computers, tablets, printers or other electronic devices, interconnected through
wired or wireless switches or routers. The Blair LAN may be connected to other
LANs through wired or wireless switches or routers. All costs associated with the
Blair LAN shall be borne exclusively by BLAIR.
C. "Shared LAN" means that part of the COUNTY local area network or BLAIR
local area network which is shared by county and city departments authorized to
access or use such local area network. The Shared LAN may be connected to
other LANs through wired or wireless switches or routers. No Shared LAN shall
be reconfigured without prior coordination with the TOC. All costs associated
with Shared LAN shall be borne by COUNTY and BLAIR according to formula
outlined in separate interlocal agreements.
D. "Shared Hardware" means hardware owned by COUNTY or BLAIR which is
shared by county and city departments authorized to access or use such hardware,
and is used to create, store, backup or delete data within the shared hardware. No
Shared Hardware shall be reconfigured without prior coordination with the TOC.
All costs associated with Shared Hardware shall be borne by COUNTY and
BLAIR according to formula outlined in separate interlocal agreements.
E. "Shared Software" means software owned by COUNTY or BLAIR which is
shared by county and city departments authorized to view, enter or change data
within the shared software package. No Shared Software shall be reconfigured
without prior coordination with the TOC. All costs associated with Shared
Software shall be borne by COUNTY and BLAIR according to formula outlined
in separate interlocal agreements.
F. "Shared System." Shall mean the Shared LAN, Shared Software and Shared
Hardware. No Shared System shall be reconfigured without prior coordination
with the TOC.
G. "TOC" shall mean the Technology Oversight Committee, as established by
Section II of this agreement.
H. "User" means a person authorized to log onto the Shared System and make
changes to the data or configuration. COUNTY shall be responsible for User
Interlocal Agreement to Establish Technology Oversight Committee Page 3
Profiles, Security and Configuration of its users, in accordance with the Security
and Configuration Procedures established by the TOC. BLAIR shall be
responsible for User Profiles, Security and Configuration of its users, in
accordance with the Security and Configuration Procedures established by the
TOC.
Specific cooperative projects involving COUNTY and BLAIR, which shall be
overseen by the Technology Oversight Committee (TOC), shall be established by
additional interlocal agreements.
V. PROTECTION OF PRIVACY
The information shared by COUNTY and BLAIR or the TOC will be subject to
the privacy policy of each party. Both parties shall have their respective privacy
policy available for review by the other party.
VI. TERM AND TERMINATION
A. This agreement shall become effective on the date it is executed by COUNTY and
BLAIR and shall remain in effect until September 30, 2024. Following this initial
term, this Agreement will automatically renew each year, unless terminated
earlier in accordance with section.
B. Prior to the natural expiration of this Agreement, any party may give the other
party thirty (30) days written notice of the notifying party's desire to renegotiate
this Agreement. During the pendency of such negotiations, this Agreement will
remain in full force and effect. This Agreement shall be modified or amended
only by a written document executed by both parties.
C. Any party may terminate this Agreement for convenience at any time for any
reason by giving the other parties two years written notice. Each party shall be
liable for its share of all costs specified herein until the effective date of the
termination.
D. This Agreement may be terminated for a material breach not cured within a
reasonable time following written notice. Such notice, to be effective, must be
sent by registered or certified mail and must describe the breach or breaches
complained of and provide a reasonable time to cure, which time may not be less
than forty five (45) days following receipt. Following a failure to cure, the non-
breaching party may notify the remaining parties in writing, by registered or
certified mail, that the Agreement is terminated as to the breaching party,
effective two years following the receipt of such notice. Each party shall be liable
for its share of all costs specified herein until the effective date of the termination.
VII. SEVERABILITY
A. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or otherwise unenforceable, that provision will be
Interlocal Agreement to Establish Technology Oversight Committee Page 4
severed and the remainder of this Agreement will remain in full force and effect.
The parties further recognize that this Agreement shall be subject to amendments
in laws and regulations and to new laws and regulations. Any law or regulation
that invalidates, or is otherwise inconsistent with the terms of this Agreement or
that would cause one or both parties to be in violation of the law or regulation,
shall be deemed to have superseded the terms of this Agreement, provided,
however, that the parties shall exercise their best efforts to accommodate the
terms and intent of this Agreement to the greatest extent possible.
A. The failure of any party to insist on strict performance of any covenants or
conditions, or to exercise any option herein conferred on any one or more
instances, shall not be construed as a waiver or relinquishment of any such
covenant, condition, right, or option, but the same shall remain in full force and
effect. For a waiver of a right or power to be effective, it must be in writing
signed by the waiving party. An effective waiver of a right or power shall not be
construed as either a future or continuing waiver of that same right or power, or
the waiver of any other right or power. In addition, any act by any party which it
is not obligated to do hereunder shall not be deemed to impose any obligation
upon any party to do any similar act in the future or in any way change or alter
any of the provisions of this Agreement.
I. ENTIRE AGREEMENT AND BINDING EFFECT
A. This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
Agreements in conflict of whatsoever kind or nature are merged herein. No verbal
Agreement or implied covenant shall be held to vary the provisions herein.
B. This Agreement shall inure to the benefit of, and shall be binding upon, the
successors and assigns of the parties hereto.
X. CONTROLLING LAW AND VENUE
A. Any dispute that arises under or relates to this Agreement (whether contract, tort,
or both) shall be governed by Nebraska law.
NOTICE
A. All notices sent to parties pursuant to this Agreement shall be in writing, by
certified or registered mail, return receipt requested, and shall be sent to or
delivered 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.
Washington County Clerk Blair City Clerk
1555 Colfax Street 218 S 16th Street
Blair, NE 68008 Blair, NE 68008
Interlocal Agreement to Establish Technology Oversight Committee Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Cooperation Act
Agreement by their respective duly authorized representatives.
CITY OF BLAIR, NEBRASKA
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ATTEST:
BRENDA WHEELER, CITY CLERK
WASHINGTON COUNTY, NEBRASKA
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ATTEST:
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MERRY T UHL SEN, COUNTY CLERK
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