Agreement on cooperation in the field of information technology - Subject (LEISTUNGSBEZUG)

1. This agreement applies to the field of information technology; it regulates planning, performance acquisition, operation, and financing, as well as the necessary competencies for these purposes.

2. For the purposes of this agreement, information technology is defined as the systematic presentation, storage, processing, and transmission of information through the use of digital data processing.

1. This Agreement applies to

1. the authorities and public administrations of the cantons of Obwalden and Nidwalden, including the administration of justice;

2. the authorities and public administrations of the municipalities of the cantons of Obwalden and Nidwalden.

2. Church and chapel communities, civic communities, and district communities, as well as the Obwalden cantonal hospital, are not subject to this Agreement.

3. For IT systems exclusively serving school instruction, this Agreement is only applicable if the cantonal government of the respective canton decides so. The municipalities are to be consulted in advance. For school administration, the Agreement is fully binding.

4. For independent public-law institutions of the cantons and municipalities and other independent organizations entrusted with the performance of cantonal or municipal tasks, this Agreement is only applicable if the cantonal government of the respective canton decides on the applicability for the particular organization. The affected municipalities and organizations are to be consulted and involved in the decision. The applicability may be limited to certain areas.

1. This Agreement aims in particular to

1. promote the use of uniform IT resources as well as specialized and standard applications, thus establishing the foundation for the standardization of key processes and their electronic and seamless execution;

2. improve the efficiency, effectiveness, transparency, quality of performance, and economic viability of governmental actions through the consistent use of information and communication technologies;

3. strengthen collaboration in the field of information technology, particularly between the cantons and municipalities;

4. simplify and accelerate the procedures for the procurement of IT resources and the introduction of new applications through uniform decision-making and funding authorities.

1. Jurisdictions are determined by this agreement and, subsidiarily, by cantonal or municipal law.

1. Recipients are considered to be the entities responsible for the organizational units that utilize information technology services.

1. A shared information technology service center provides services in the field of information technology for all entities and organizations subject to this agreement.

2. The organization of the information technology service center is governed by the cantons in a separate agreement.

1. The Information Technology Service Center is responsible in particular for the procurement, implementation, and operation of IT systems, the execution of IT projects, as well as advising recipients and users.

2. The Information Technology Service Center has the right to commission third parties to provide services, in compliance with the procurement law requirements.

3. Further tasks may be stipulated in a separate agreement concerning the Information Technology Service Center.

1. The Informatics Service Center is the procurement entity in the field of informatics according to the procurement legislation and is responsible for decisions regarding procurement law, insofar as service procurement is conducted through the Informatics Service Center.

2. For procurements, the procurement legislation of the canton where the Informatics Service Center is located further applies.

1. The Information Technology Strategy Commission (ITSC) serves an advisory and planning function, and is primarily responsible for preparing the decisions of the competent authorities.

2. It is comprised of

1. One representative each for the cantons of Obwalden and Nidwalden, appointed by the respective Cantonal Council;

2. One municipal representative from each of the two cantons, jointly appointed by the municipal councils of the respective canton;

3. The head of the Information Technology Service Center;

4. An external and independent expert, jointly appointed by the two Cantonal Councils;

5. An external and independent expert, jointly appointed by all municipal councils.

3. The appointment of the ITSC is for a term of four years.

4. The expert as per paragraph 2, number 4 shall chair the commission; otherwise, the ITSC constitutes itself.

5. The Information Technology Service Center compensates the external experts.

1. Information technology services must be procured through the Information Technology Service Center, subject to paragraphs 2 and 3.

2. The information technology strategy specifies the IT areas in which the recipients can independently procure the technical basic infrastructure. In procurement, the provisions pursuant to Art. 11 para. 3 shall apply.

3. Further exceptions to the procurement obligation are permissible if there are justified factual reasons and both governments agree.

1. The basic requirements for information technology particularly include the technical infrastructure and widely used standard applications.

2. The elements of the basic information technology requirements are defined in the information technology strategy.

3. The information technology service center establishes the available IT resources within the framework of the predetermined basic IT requirements. The users are to be included in the determination process.

1. The IT strategy specifies those application areas where only standardized specialized applications are available.

2. In these application areas, beneficiaries must use the standardized specialized application if

1. it is decided within the framework of a binding project according to Art. 22; or

2. they wish to use specialized applications voluntarily.

3. Specialized applications of the judicial administrations are not subject to the IT strategy.

1. The specialized application for the respective area of application shall be established within the framework of a binding project according to Article 22. The exchange of this specialized application is only permissible within the framework of a binding project.

2. If no binding project is realized, the specialized application shall be established within the framework of a voluntary project according to Article 24. The exchange of this specialized application is only permissible if

1. a binding project is resolved according to Article 22; or

2. the consent of 2/3 of the recipients who use the specialized application is obtained.

1. Outside of the basic IT requirements and uniform specialized applications, users may freely choose IT resources within the framework of the technical specifications set by the IT Service Center.

2. The IT Service Center coordinates the procurement.

1. Investment costs are pre-financed by the Information Technology Service Center and allocated to the users through usage fees at cost-covering and market-appropriate prices.

2. The allocation of costs for services within the scope of basic IT needs is generally based on the extent of use; the financing of IT projects is governed by Articles 30 and 31.

3. The users account for the annual funding requirements as expenses in their respective budgets.

1. The Cantons of Obwalden and Nidwalden, in collaboration with the Information Technology Service Center, issue regulations on information security. The recipients must be involved in the development process.

2. The Information Technology Service Center is responsible for technical information security within the framework of cantonal guidelines.

1. Information Technology Planning is conducted using the following three instruments

1. Information Technology Strategy;

2. Medium-Term Planning;

3. Annual Planning.

2. The instances responsible for specifying the instruments shall establish guidelines on how and when the stakeholders are to be involved in the planning process. Stakeholders are to be included in the creation of the guidelines.

1. The IT strategy governs and coordinates the long-term development of information technology.

2. In the IT strategy, guidelines, strategic objectives, areas of action, and implementation guidelines can be defined in particular.

3. The executive councils of the two cantons, Obwalden and Nidwalden, adopt the IT strategy upon the proposal of the ISK. For adoption, prior approval by two-thirds of the municipal councils in each canton is required.

1. The rolling medium-term planning is a planning instrument used to implement the IT strategy.

2. It sets out the planned projects and activities, priorities and implementation timeframes, as well as the allocation of human and financial resources for a period of at least three years.

3. It is updated annually by the ISK.

1. As part of the annual planning, the operating costs for the coming calendar year are determined.

2. It serves as the basis for budgeting by the recipients.

3. The IT service center is responsible for the preparation of the annual planning in collaboration with the recipients.

1. For the implementation of new and the replacement or significant expansion of existing specialized applications or information technology resources, information technology projects must be approved.

1. In application areas pursuant to Art. 12, specialized applications can be declared binding within the framework of a project.

2. For the implementation of a binding project, a certain number of involved beneficiaries must agree. The required approval quorum differs depending on the category of the project

1. Projects where only the cantons are beneficiaries (cantonal projects);

2. Projects where the municipalities and the cantons are beneficiaries (joint projects);

3. Projects where only the municipalities are beneficiaries (municipal projects).

3. The approval quorum must be met before the necessary credits are obtained from the competent authorities.

4. If the approval quorum is reached, beneficiaries are obligated to participate in the project, even if they did not agree. This is subject to obtaining the necessary credits pursuant to Art. 26 et seq.

1. In the case of cantonal projects, both the executive councils of the cantons of Obwalden and Nidwalden must consent. If the project concerns only one canton, only the consent of the relevant executive council is required.

2. For joint projects, both the executive councils of the cantons of Obwalden and Nidwalden and at least two-thirds of the municipal councils in each canton must consent. If the project concerns only one canton, the quorum for approval is only to be determined there.

3. For municipal projects, at least two-thirds of the municipalities in each canton must consent. If the project concerns only the municipalities of one canton, the quorum for approval is only to be determined in that canton.

1. For the approval of a voluntary project, all involved beneficiaries must consent.

1. If school districts are affected, the school boards shall generally assume the role of the respective municipal councils.

2. If organizations pursuant to Art. 2 para. 4 are affected, they shall generally replace the entity that has delegated the public task. The internal competence for granting consent is determined by the regulations of the respective organization.

3. If multiple municipal entities or organizations within a municipal area affected by this law are involved, an agreement must be reached to grant consent.

4. If judicial administrations are affected, jurisdiction shall be determined according to the respective court organization.

1. Upon obtaining the required approval quorum and prior to implementing the project, it is necessary to secure the necessary loans if they are associated with new expenditures. Committed expenditures and the funding requirements from commitment credits must be included in the respective budget.

2. The expansion of an existing product is considered a new expenditure if, during implementation, there is a significant scope for action in material, technical, or temporal aspects. The continuation of an existing product after the expiry of the commitment credit period is regarded as a committed expenditure if there is no significant expansion of the product.

3. Loans for new expenditures are always to be granted in the form of commitment credits.

4. For cantonal and joint projects, the gross principle applies; for municipal and voluntary projects, the net principle applies.

5. The information technology services center is responsible for monitoring the credits and prepares the credit settlement on behalf of the beneficiaries.

1. In the case of cantonal and joint projects, only the cantons are responsible for granting the loans. If the cantonal loans have been lawfully approved, they become mandatory expenditures for the other recipients.

2. For the obligation of municipal projects, the approval quorum as per Article 23, Paragraph 3 is also required when granting loans.

3. In the case of voluntary projects, all involved recipients must obtain the loans.

1. In the cantons, the cantonal parliaments are responsible for granting commitment credits when annually recurring new expenditures for a specific purpose exceed 200,000 Swiss Francs.

2. The cantonal parliaments are responsible for granting commitment credits independently of the constitutional financial competence and conclusively.

3. For projects in which the amount does not reach the limit specified in paragraph 1, the commitment credits are to be approved by the executive councils of the cantons of Obwalden and Nidwalden.

1. Within the municipalities, the functional responsibility for granting credit is determined by the financial competencies of the respective municipality.

1. Investment costs for projects are pre-financed by the Informatics Service Center and are recharged to the beneficiaries through usage fees at cost-covering prices.

2. For the recharging, the ISK establishes a distribution key after consulting the beneficiaries and before approval of the project in accordance with Art. 22 et seq.

1. The distribution key is generally determined according to the population of the beneficiaries. Other criteria may be considered if they are deemed more appropriate.

2. For projects involving the participation of the cantons, it is also necessary to specify the share that the cantons must bear. In determining this cost share, particular attention should be given to the tasks involved and the significance of the project for the beneficiaries.

1. The two cantons jointly review the impacts of these agreements and the achievement of the intended objectives every five years. They specifically examine whether amendments or termination are necessary.

2. The municipalities are to be involved in the effectiveness review and informed of the results of the effectiveness review.

1. The agreement is valid for an indefinite duration.

2. The governments of the cantons of Obwalden and Nidwalden may terminate the agreement with two years' notice at the end of a year.

3. If two-thirds of the municipal councils of a canton request termination, the respective cantonal government council is obligated to terminate the agreement.

4. Termination may be declared at the earliest three years after this agreement comes into force. Furthermore, paragraph 2 applies.

1. Disputes between beneficiaries falling under the scope of this agreement shall be decided by an arbitral tribunal.

2. The arbitral tribunal consists of five members. The parties to the dispute each appoint an equal number of representatives. These representatives additionally appoint a president.

3. The procedure is governed mutatis mutandis by the provisions on arbitration in the Swiss Code of Civil Procedure (Code of Civil Procedure, CCP).

1. Disputes between beneficiaries and the information technology service center shall be resolved according to the legal protection provisions of the canton in which the information technology service center is located.

1. Until the initial establishment of the informatics strategy pursuant to Art. 18, the Informatics Strategy 2022 of the cantons of Obwalden and Nidwalden and their municipalities dated August 30, 2022, shall be decisive.

1. The governments of the cantons party to the agreement shall jointly determine the date of its entry into force.

2. This agreement shall only enter into force if the amendment of August 30, 2022, to the agreement concerning the Information Technology Service Center of the Cantons of Obwalden and Nidwalden also comes into force.