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