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:
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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.
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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
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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
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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
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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.
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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
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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
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CITY OF BLAIR, NEBRASKA
A
B I Y
M"R
ATTEST:
cdullo�
BRENDA WHEELER, CITY CLERK
WASHINGTON COUNTY, NEBRASKA
B
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ATTEST:
MERRY RUHIIiSEN, COUNTY CLERK
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