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2016-16RESOLUTION 2016 - 16 COUNCIL MEMBER ANDERSEN 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 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 ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" SHEPARD, STEWART, HANSEN, WILLIS, ANDERSEN, WOLFF, JENSEN AND HALL. COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF APRIL, 2016. CITY OF BLAIR, NEBRASKA B J -ivI E. REALPH, MA 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 12th day of April, 2016. . BRENDA R. WHEELER, CITY CLERK REVISED INTERLOCAL AGREEMENT TO COOPERATE IN THE JOINT USE OF COMPUTER HARDWARE, SOFTWARE AND INFORMATION TECHNOLOGY PERSONNEL This Agreement made this � �u. day of 1 'r > _� , 20 , by and between the City of Blair, Nebraska, a governmental subdivision, (hereinafter referred to as `GLAIR"), Washington County, Nebraska, a governmental subdivision, (hereinafter referred to as "COUNTY"), and any other qualifying governmental subdivision who joins this Technology Oversight Committee (TOC) pursuant to the terms of this Agreement; and 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 MEMBER ENTITIES utilize computer hardware and software to provide critical information and services to residents of Washington County; and WHEREAS, COUNTY and the MEMBER ENTITIES elect to participate in a Technology Oversight Committee (TOC) to recommend ways COUNTY and MEMBER ENTITIES 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 MEMBER ENTITIES 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: I. PURPOSE The purpose of this interlocal agreement is to establish a Technology Oversight Committee (TOC) which shall recommend ways COUNTY and MEMBER ENTITIES 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. II. TECHNOLOGY OVERSIGHT COMMITTEE COUNTY and MEMBER ENTITIES hereby establish a Technology Oversight Committee (TOC). The TOC shall provide oversight and recommendations regarding the operation of the Shared System and future upgrades, modifications and enhancements. Revised Interlocal Agreement to Establish Technology Oversight Committee Page I The TOC shall report in writing to the Washington County Board of Supervisors and the applicable City Council or Village Board 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 MEMBER ENTITIES. A. TOC shall consist of members, appointed annually, as follows: 1. Members as provided in the initial interlocal agreement approved by the Washington County Board of Supervisors and the City of Blair. 2. Members from MEMBER ENTITIES who have joined since the initial interlocal agreement was approved. 3. One (1) member of the elected body of NEW PARTICIPANT, as appointed by the Chair of the NEW PARTICIPANT board. 4. One (1) member not of the elected body of NEW PARTICIPANT, as appointed by the Chair of the NEW PARTICIPANT board. The members of the TOC shall annually 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 annually 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. 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. Revised Interlocal Agreement to Establish Technology Oversight Committee Page 2 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 MEMBER ENTITIES local area network which is shared by county and municipal 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 MEMBER ENTITIES according to formula outlined in separate interlocal agreements. D. "Shared Hardware" means hardware owned by COUNTY or MEMBER ENTITIES which is shared by county and municipal 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 MEMBER ENTITIES according to formula outlined in separate interlocal agreements. E. "Shared Software" means software owned by COUNTY or MEMBER ENTITIES which is shared by county and municipal 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 MEMBER ENTITIES 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 Profiles, Security and Configuration of its users, in accordance with the Security and Configuration Procedures established by the TOC. MEMBER ENTITIES shall be responsible for User Profiles, Security and Configuration of its users, in accordance with the Security and Configuration Procedures established by the TOC. IV. SPECIFIC PROJECTS Revised Interlocal Agreement to Establish Technology Oversight Committee Page 3 Specific cooperative projects involving COUNTY and MEMBER ENTITIES, 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 MEMBER ENTITIES 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 MEMBER ENTITIES 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 (3 0) 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 anytime for any reason by giving the other parties two (2) 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. NEW MEMBER ENTITIES New Member Entities/Participants shall be allowed to join and participate in the Technology Oversight Committee (TOC) by approving the New Participant to Cooperate in the Joint use of Computer Hardware, Software and Information Technology Personnel Interlocal Agreement. VIII. 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. Revised Interlocal Agreement to Establish Technology Oversight Committee Page 4 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. IX. NONWAIVER 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. X. 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. XI. 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. XII. NOTICE 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 Revised 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 BY MAnR ATTEST: BRENDA WHEELER, CITY CLERK WAS TON COUNTY, NEBRASKA BY CHAIRMAN ATTEST: oNcou.N z� y� .eat ty MERRY tRUBLESEN, COUNTY CLERK Revised Interlocal Agreement to Establish Technology Oversight Committee Page 6