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2014-07RESOLUTION 2014 - 7 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska, has been presented with a revised Interlocal Agreement between the City of Blair, Nebraska, and Washington County, Nebraska for shared Law Enforcement Records Management System. 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 HALL 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 B� A ^S E. REALPH, MAYOR ATTEST: , /-) 0 1 At4ja4- 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 N 11 WMIJA NO 0191 U . M1 • This Agreement made this day of f �� ° , 201 by and between the City of Blair, Nebraska, a governmental subdivision, (hereinafter eferred to as "BLAIR'), and Washington County, Nebraska, a governmental subdivision, (hereinafter referred to as "COUNTY "). WHEREAS, COUNTY and BLAIR entered into an Interlocal Agreement for Shared Law Enforcement Records Management System on September 26, 2006; and WHEREAS, COUNTY and BLAIR entered into an Interlocal Agreement to Cooperate in the Joint Use of Computer Hardware, Software and Information Technology Personnel on ,-'e m kNy y o j if ;and WHEREAS, COUNTY is currently administrating a law enforcement records management system utilizing software from Intergraph Corporation on behalf of both participating law enforcement and criminal justice agencies; and WHEREAS, COUNTY and BLAIR desire to revise the Interlocal Agreement for Shared Law Enforcement Records Management System approved on September 26, 2006; and WHEREAS, implementation of this interlocal agreement is intended to help ensure the safety, health and welfare of the public in Washington County and the City of Blair by providing timely access to critical law enforcement information by all Agencies; and WHEREAS, COUNTY and BLAIR, acting through their respective governing bodies, individually and collectively, do hereby adopt and find the foregoing premises as findings of said governing bodies. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. PURP The purpose of this Interlocal agreement is to enhance the effectiveness and efficiency of law enforcement in Washington County and the City of Blair by upgrading the law enforcement records management system and field -based reporting system software from Intergraph Corporation, by installing new servers and associated equipment, and by outlining the responsibilities and obligations of each agency, thereby sharing hardware and software costs and information between agencies relating to law enforcement and criminal justice activities. 2. D As used herein, the following terms shall have the following definitions. 2.1. "Agency" means a particular law enforcement agency who is a party to this Agreement. 2.2. "Agencies" means all the law enforcement agencies who are parties to this Agreement. Shared Law Enforcement Records Management System Page I 2.3. "Initial Agency" means the Agency which first creates a unique case record in the RMS. The Initial Agency is responsible for the accuracy of the information contained in the case record, and should correct any inaccurate information within forty -eight (48) hours of learning of the inaccuracy. 2.4. "Agency System Administrator" means the person(s) responsible for creating, editing and deleting user profiles to provide access to the RMS. Agency System Administrators should be trained as RMS system administrators and are authorized to submit RMS support requests. No changes to database schema or configurations are to be made without the express permission and oversight of the Database Administrator. 2.5. "Database Administrator" means the person responsible for the maintenance and performance of the Oracle database(s) used with the RMS and the Shared System. The Database Administrator shall be selected by the TOC from available full -time staff of the Agencies or from qualified contractors. No changes to database schemes or configurations are to be made without the express permission and oversight of the Database Administrator and without prior coordination with the TOC. 2.6. "FBR" means "Field -Based Reporting System ", and allows officers to efficiently generate and submit reports in the field rather than waiting until they return to the office. Once completed and approved, the reports are submitted to the RMS where the reports become accessible and searchable. The current software is published and /or licensed by Intergraph Corporation. 2.7. "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. 2.8. "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. 2.9. "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 this or separate interlocal agreements. 2.10. "RMS" means "Records Management System ", and refers to the integrated law enforcement /emergency services /emergency communications software package utilized by the Agencies. The current software is published and /or licensed by Intergraph Corporation. 2.11. "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 Shared Law Enforcement Records Management System Page 2 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 this or separate interlocal agreements. 2.12. "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 this or separate interlocal agreements. 2.13. "Shared System." Shall mean the Shared LAN, Shared Software and Shared Hardware. No Shared System shall be reconfigured without prior coordination with the TOC. 2.14. "TOC" shall mean the Technology Oversight Committee, as established by the Interlocal Agreement to Cooperate in the Joint Use of Computer Hardware, Software and Information Technology Personnel. 2.15. "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 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. 3. TECHNOLOGY OVERSIGHT COMMITTEE (TOC) The TOC shall provide oversight and recommendations regarding the operation of the Shared System, RMS and FBR Systems, 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, RMS and FBR; 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. No Shared LAN, Shared Hardware or Shared Software shall be reconfigured without prior coordination with the TOC. The TOC shall prepare Security and Configuration Procedures to guide the configuration of the RMS, FBR and Shared System. . AGENCY PARTICIPATION Agencies shall ensure that all personnel in their respective Agency are properly trained and are utilizing the RMS, as defined in this Agreement, as the primary records management system for all cases and incidents in which their employees participate. 5. TIMELY AND ACCURATE INFORMATION Agencies shall implement procedures to ensure that all cases and incidents are entered, saved, and updated in the RMS in a timely manner. Agencies shall periodically perform internal audits to ensure the information they enter is up -to -date and accurate. Agencies Shared Law Enforcement Records Management System , Page 3 should notify the Initial Agency whenever they encounter inaccurate information, and the Initial Agency shall correct the inaccurate information within three (3) working days. 6. DATA OWNERSHIP AND DISPOSITION The Agencies shall jointly own data stored within the RMS. The Initial Agency is solely responsible for the completeness and accuracy of the data. Upon termination of this Agreement and written request, by an Agency, the Database Administrator shall transfer a copy of the jointly owned data in accordance with the requesting Agency's required format instructions. The costs of such transfer shall be the responsibility of the requesting Agency. 7. INSTALLATION, MAINTENANCE AND REPLACEMENT RESPONSIBILITY The following individuals are responsible for the installation, configuration, maintenance, repair and replacement of the following: 7.1. Blair IT Director 7.1.1. Fiber optic cable between Blair city hall and County building, including switches and routers. 7.1.2. Servers, computers, tablets, printers or other electronic devices, and all software installed on such devices, used exclusively by BLAIR. 7.2. Washington County 911 Director or IT Director 7.2.1. Switches, routers and cabling required to connect the RMS to the County's Computer Automated Dispatch (CAD) system. 7.2.2. Servers, computers, tablets, printers or other electronic devices, and all software installed on such devices, used exclusively by COUNTY. 7.3. Database Administrator 7.3. 1. Except as provided in Sections 7.1 or 7.2, all other Shared Hardware and Shared Software associated with the RMS and FBR systems. 8. COST COMMITMENT 8.1. RMS Upgrade and FBR 8.1.1. BLAIR shall pay up to one - hundred ten thousand dollars ($110,000) for the purchase, installation, setup, testing and deployment of all Shared Hardware included in the RMS and FBR Upgrade Quote from Intergraph Corporation. Hardware staging and installation services shall be performed by Intergraph Corporation according to their Statement of Work for the inPursuit RMS Upgrade and FBR. 8.1.2. COUNTY shall pay up to one - hundred fifty thousand dollars ($150,000) for the purchase, installation, setup, testing and deployment of all Shared Software included in the RMS and FBR Upgrade Quote from Intergraph Corporation. Project management and implementation services shall be Shared Law Enforcement Records Management System Page 4 performed by Intergraph Corporation according to their Statement of Work for the inPursuit RMS Upgrade and FBR. 8.2. RMS and FBR Shared Software Annual Maintenance 8.2.1. COUNTY and BLAIR will share in the annual maintenance cost of the RMS and FBR software licenses on a pro -rata basis according to the number of client licenses utilized by each Agency for each server application. As of the date of this Agreement, COUNTY is utilizing ten (10) RMS client and two (2) FBR client licenses; BLAIR is utilizing five (5) RMS client and zero (0) FBR client licenses. Unless agreed to otherwise, COUNTY will pay the entire vendor invoice and BLAIR will reimburse COUNTY for BLAIR's share of the cost. 8.3. RMS and FBR Shared Hardware Repair and Replacement 8.3.1. COUNTY and BLAIR will share in the repair and replacement cost of the Shared Hardware required for the RMS and FBR systems on an equal 50% — 50% basis. Hardware required for use by only one Agency shall be purchased by that Agency solely. Unless agreed to otherwise, COUNTY will pay the entire vendor invoice and BLAIR will reimburse COUNTY for BLAIR's share of the cost. 8.4. Cost commitments for additional items, upgrades or support shall be negotiated by COUNTY and BLAIR. Due diligence shall be exercised by the TOC and each Agency to plan for such items, upgrades or support through the regular budgetary process of each Agency. 9. USE AND SHARING LAW ENFORCEMENT RECORDS The use of law enforcement records stored in the RMS and the sharing of law enforcement records between Agencies shall be subject to the Law Enforcement Records Policy of each Agency. Agencies shall have their respective policies available for review by other Agencies. 10. USER PROFILES, ACCESS AND REMOVAL Each Agency shall appoint an Agency System Administrator who is responsible for management of User profiles at that Agency. User profiles should conform to the requirements of the Security and Configuration Procedures established by the TOC. Agency System Administrators shall ensure that all authorized Users are current employees and shall disable User profiles immediately when Users are no longer employed with the Agency. 11. RETENTION, DISPOSTION AND EXPUNGE ENT OF RECORDS Agencies shall retain and dispose of records in accordance with the Records Retention and Disposition Schedule requirements of the State of Nebraska. Records shall be removed or expunged by the Initial Agency only. Shared Law Enforcement Records Management System Page 5 1. SYSTEM AVAILABILITY AND DATA BACKUP 12.1. COUNTY and BLAIR, working through their Agencies and the Database Administrator, shall take reasonable measures to ensure the availability and operation of the Shared System twenty -four hours a day, seven days a week. The Database Administrator shall collect and distribute to Agencies contact information for critical support staff to be contacted in the event the Shared System is down or requires maintenance. 12.2. The Database Administrator shall schedule preventative maintenance and software and hardware upgrades on the Shared System. When possible, preventative maintenance and upgrades shall be scheduled with Agencies at least one week in advance and scheduled to minimize the impact on Agencies. Scheduled maintenance or upgrades may result in loss of access or use of the Shared System. 12.3. Data entered into the RMS shall be subject to archival procedures as determined by the Database Administrator in accordance with the Security and Configuration Procedures prepared by the TOC. 13. TERM AND TERMINATION 13.1. 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. 13.2. Prior to the natural expiration of this Agreement, an Agency may give the other Agencies thirty (30) days written notice of the notifying Agency'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 the Agencies. 13.3. An Agency may terminate this Agreement for convenience at any time for any reason by giving the other Agencies two years written notice. Each Agency shall be liable for its share of all costs specified herein until the effective date of the termination. 13.4. 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 Agency may notify the remaining Agencies in writing, by registered or certified mail, that the Agreement is terminated as to the breaching Agency, effective two years following the receipt of such notice. Each Agency shall be liable for its share of all costs specified herein until the effective date of the termination. 1. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. The Agencies further recognize that this Agreement shall be subject to amendments in laws and regulations and to new laws and Shared Law Enforcement Records Management System Page 6 regulations. Any law or regulation that invalidates, or is otherwise inconsistent with the terms of this Agreement or that would cause one or both Agencies to be in violation of the law or regulation, shall be deemed to have superseded the terms of this Agreement, provided, however, that the Agencies shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible. 15. NOWAVER The failure of any Agency 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 Agency. 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 Agency which it is not obligated to do hereunder shall not be deemed to impose any obligation upon any Agency to do any similar act in the future or in any way change or alter any of the provisions of this Agreement. 16. ENTIRE AGREEMENT AND BINDING EFFECT 16.1. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Agencies 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. 16.2. This Agreement shall inure to the benefit of, and shall be binding upon, the successors and assigns of the Agencies hereto. 17. CONTROLLING LAW AND VENUE Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) shall be governed by Nebraska law. 18. NOTICE All notices sent to Agencies 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 Sheriff 1535 Colfax Street Blair, NE 68008 Blair Chief of Police 1730 Lincoln Street Blair, NE 68008 Shared Law Enforcement Records Management System Page 7 CITY OF BLAIR, NEBRASKA A B I Y M"R ATTEST: cdullo� BRENDA WHEELER, CITY CLERK WASHINGTON COUNTY, NEBRASKA B 4Hk ATTEST: MERRY RUHIIiSEN, COUNTY CLERK Shared Law Enforcement Records Management System Page 8