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HomeMy WebLinkAboutRes 07-98 02/17/1998 RESOLUTION NO. 7-98 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK, THE SHERIFF OF COOK COUNTY AND THE VILLAGE OF MOUNT PROSPECT FOR THE PROVISION OF CRIMINAL APPREHENSION BOOKING SYSTEM EQUIPMENT AND RELATED SERVICES WHEREAS, the Cook County Board has approved the Criminal Apprehension and Booking System (CABS); and WHEREAS, CABS has been made available to local municipalities to provide law enforcement agencies with the most advanced identification technology available; and WHEREAS, in order to participate in CABS it is necessary to enter into an inter-governmental agreement with the County of Cook, the Sheriff of Cook County and the Village of Mount Prospect; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interest of the Village to enter into such an inter- governmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect would be served by entering into an intergovernmental agreement providing for the Criminal Booking System Equipment and Related Services (CABS). SECTION TWO: That the Mayor and Clerk of the Village of Mount Prospect are hereby authorized to execute an Intergovernmental Agreement Between the County of Cook, ABS Page 2 of 2 the Sheriff of Cook County, Illinois, and the Village of Mount Prospect for the provision of Criminal Apprehension Booking system Equipment and Related Services, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, Lohrstorfer, Wilks NAYS: None ABSENT: Necchi PASSED and APPROVED this 17th day of February, 1998, ' Gerald L. Farley,, Mayor // ATTEST: Carol A. Fields, Village Clerk ' ~ RES. NO. 7-98 2/17/98 BETWEEN THE COUNTY OF COOK, ILLINOIS, THE SHERIFF OF COOK COUNTY, ILLINOIS, AND THE Village of Mount Prospect FOR THE PROVISION OF CR/~qI~ APPREHENSION BOOKING SYSTEM EQUIPMENT AND RELATED SERVICES This AGREEMENT, is made and entered into on the 1?th day of February , 1998, by and between the COUNTY OF COOK, ILLINOIS (the "County") pursuant to its home rule powers as provided in Article VII, Section 6A of the 1970 Illinois Constitution and MICHAEL F. SHEAHAN, SHERIFF OF COOK COUNTY, ILLINOIS (the "Sheriff") and the Village of Mount Prospect (the "City/Village"). WHEREAS, the County through the Office of the Sheriff was awarded a federal gran~ (the "Grant Award") from the Community Oriented Policing Services Office of the United States Department of Justice for the purpose of funding the development and implementation of a County-wide Criminal Apprehensive Booking System ("CABS"); and WHEREAS, the City/Village has agreed to participate in the Sheriff's efforts by agreeing to become a partner in the Sheriff's CABS consortium; and WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the sufficiency of which are hereby acknowledged, the County, the Sheriff and the City/Village agree as follows: SECTION 1: DUTIES AND OBLIGATIONS OF THE COUNTY A. Procurement of Equipment and Technical Services 1. The Sheriff issued a Request for Proposals for the procurement of the CABS equipment (the "Equipment") and technical services for the development and implementation of CABS. Based upon the Sheriff's review of the proposal responses, the Sheriff has determined that the proposal submitted by NEC Technologies, Inc. will serve the best interests of the County, the Sheriff and all partners in the CABS consortium. Pursuant to the Sheriff's recommendations, the County is entering into a contract with NEC Technologies, Inc. (the "Vendor") for the provision of ~?~h~ CABS Equipment and technlcal services (the n n an the Contract, the County will procure, on behalf of the City/Village, the Equipment and technical services as set forth on Exhibit A of this Agreement. The Equipment shall conform to the requirements of the Federal Bureau of Identification, ANSI/NIST, and Illinois State Police standards so as to ensure interoperability with the State Identification Bureau and the Federal Bureau of Identification. Upon payment to the County by the City/Village as provided herein and installation of the Equipment by the Vendor, the City/Village shall be the owner of'such Equipment. 3. The Contract allows the City/Village, at its sole cost and expense, to purchase additional items of Equipment and/Ur technical services directly from the Vendor on the same terms and conditions as set forth in the Contract. The City/Village shall be solely responsible for the cost of any additional items of Equipment or technical services desired by the City/Village. In the event that the City/Village procures additional items of Equipment and/or technical services directly from the Vendor, the City/Village shall provide the County with prior notice of such procurement so that the County can determine whether such additional procurement of Equipment may be accommodated on the Network and further so that the County can establish additional security measures that may be required. B. Provision of the CABS Computer Network The County shall provide all necessary hardware and software to operate a high speed backbone computer network (the "Network") which will allow the City/Village to transmit livescan fingerprints, digital photos and other information to other Cook County law enforcement agencies and the Illinois State Police. The Network will provide for connectivity to Cook County ~$3iD. s, su¢~ as the Office of the Circuit Court Clerk, the Chicago Police Department and the Cook County Department of Corrections. The Network shall also provide for connectivity to ISP sites in Joliet and Springfield. The County intends to have the Network fully operational by July, 1998, The County shall be responsible for operating, maintaining and repairing the Network. In connection with the CABS Network, the County has entered into an Intergovernmental Agreement with the Illinois Department of State Police ("ISP") for the purpose of providing certain expert technical services and equipment. Pursuant to the ISP Agreement, 2 the ISP will: (i) design, developmen~ and implement a digital photographic archive system that will be used to store mug shots of arrestees and to provide access to these photographs by law enforcement agencies involged in the CABS consortium; and (ii) acquire and implement firewalls to protec~ the ISP's communication networks and databases. Pursuant to the ISP Agreement, the County has been granted a license to the digital photograph archive system and firewalls. Such licenses are effective for as long as the digital archive system and firewalls are operated by the ISP. All obligations of the County pursuant to this Agreement shall be contingent upon the ISP completing their obligations under the County/ISP IntergovernmenTal Agreement. SECTION 2: DUTIES AND OBLIGATIONS OF THE SHERIFF A. CABS Unit Services The CABS Unit, which is staffed by Sheriff personnel, shall provide the following services to the City/Village: 1. scheduling and facilitating installation, of the Equipment within the City's/Village's law enforcement facility; 2. scheduling the training of the Equipment which shall be conducted by the Vendor in accordance with the specifications of the Contract; 3. providing access to the Network twenty-f~ur ('24) hours per day, 365 days per year; 4. arranging for warranty services to be provided to the City/Village directly by the Vendor where the CABS Unit cannot cure the Equipment failure or defect within eight (8) hours of the City/Village's notice of such failure or defect to the CABS Unit; and 5. facilitating the provision of technical support assistance on a twenty-four hour per day, 365 days per year basis. Technical support assistance shall mean diagnostic, hardware and software problem .re~s. olution__ services related to conflict, failure or improper functioning of the Equipment. SECTION 3: DUTIES AND OBLIGATIONS OF THE CITY/VILLAGE A. The City/Village shall be responsible for providing a safe and appropriate environment for the installation and operation of the Equipment, including but not limited to adequate cabling, connection devices and lines and utility services. 3 B. The City/Village shall be fully responsible for maintaining and operating the Equipment in .accordance with the specifications recommended by the Vendor or Equipment manufacturer. C. Upon exPiration of the one year warranty on the Equipment, the City/Village shall be fully responsible for all Equipment repairs and preventative and remedial maintenance required on the Equipment so that the Equipment is maintained in a good operating condition. In the event that the County procures extended warranty services for the Equipment from the Vendor, the City/Village shall be entitled to obtain such extended warranty services, at the additional cost to the City/Village as set forth within the Contract. D. During the one year warranty period provided by the Vendor,- if the City/Village incurs any failure or difficulty with the · Equipment, the City/Village shall first contact the'CABS Unit to assist with diagnosis and correction of the problem. If the CABS Unit cannot cure the problem within eight (8) hours, the CABS unit will ~rrange for the Vendor to provide warranty services within twenty-four (24) hours of the initial call to the CABS Unit in order to correct the problem. E. The City/Village shall comply with all conditions of the Grant Award which are set forth in Exhibit B attached hereto. Pursuant to the terms of the Grant Award, the Equipment may only be used for law enforcement purposes in connection with criminal apprehension and booking. The City/Village agrees to use the Equipment only for law enforcement purposes as permitted pursuant to the terms of the Grant Award. In the event the City/Village uses the Equipment for non-related purposes, such unauthorized use shall be deemed a breach of this Agreement and the County shall have the right to terminate this Agreement in accordance with Section 4.1 hereof. F. As an additional requirement of the Grant Award, the City/Village agrees to make a good faith effort to continue deploying officers into community policing as a result of the funding of technology and equipment under the Gg~_Qt. The .... City/Village understands that it must create a Retention Plan which will address the steps to be taken by the City/Village to retain the positions and maintain redeployment of officers into community policing after the funding of this Grant expires. The Retention Plan must also address the steps to be taken by the.City/Village for maintaining the positions and redeployment levels beyond the term of the Grant. G. The City/Village shall operate the Equipment in accordance with all relevant policies, procedures, rules, and regulations, as promulgated from time to time by the Director 4 of the CABS Unit, including bu~ no~ limited to LEADS requirements as established by the ISP. H. The City/Village, by execution of this Agreement, certifies that it is in full compliance, or will fully comply, with the U.S. Department of Justice Certifications and Assurances attached hereto as Exhibit C. SECTION 4: TERM OF AGREEMENT This Agreement shall commence upon the date the Cook County Board of Commissioners authorizes execution of this Agreement and shall continue for as long as the County opera~es the CounEy-wide Criminal Apprehension Booking System. In the event the City/Village breaches any-term of this Agreement or fails to comply with any condition of the Grant Award, the County shall have the right to terminate this Agreement and the City's/Village's Network connection to the County. Prior to any such termination, the County shall give the City/Village seven (7) days prior.notice of such intention to terminate and provide the City/Village with an opportunity to cure such breach prior to termination of the Agreement and the Network connection. SECTION 5: COMPENSATION TO THE COUNT~ Upon execution of this Agreement, the City/Village shall transmit to the Sheriff the sum of Twenty Thousand Dollars ($20,000.00) to pay for the Equipment and technical services to be provided by the County. Payment shall be made payable to the County of Cook, Illinois and transmitted to Mr. Daryl Bernard, Cook County Sheriff's~ Police Office, 1401 Maybrook Drive, Maywood, Illinois 60153. The Sheriff shall transmit such payments to the Cook County Comptroller for deposit with the Cook County Treasurer. SECTION 6: MISC~?.?.~NEOUS A. Nonliability: No party to this Agreement shall be liable to any other party for any loss, claim or damages as a result of any delay or failure in the performance of any obligation hereunder, directly or indirectly caused by or .~.gsulting ..... from: acts of the other party; acts of the government; acts of God; acts of third persons; strikes, embargoes, delays in the mail, transportation and delivery; Network or power failures and shortages; fires; floods; epidemics and unusually severe weather conditions; or other causes beyond the control of such party. B. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties as if they too were parties to this Agreement. 5 C. Severability: The parties agree that to the extent a Court of competent jurisdiction shall determine that any part or provision of this Agreement is unenforceable as a matter of law, such part or provision of this Agreement shall be deemed severable and the remainder of this Agreement shall survive. D. Notice: All notices required herein shall be in writing and be served personally or by registered or certified mail, return receipt requested, upon the parties at their principal administrative offices or as otherwise designated. E. Governing Law: This Agreement shall be governed, interpreted and construed according to the laws of the State of Illinois. F. ~m~endment: This Agreement contains the entire agreement of the parties and shall supersede any-prior written or oral agreements or' understandings. This Agreement may only be altered, modified or amended upon the written consent and agreement of all parties hereto duly adopted as required by law. G. Compliance with Laws: The parties hereto agree to observe and comply with all federal, state and local laws which may in any manner affect performance under this Agreement, including without limitation federal and state laws governing the dissemination of criminal records. H. Right to Audit: The CitySVillage agrees that any auditor appointed by the U.S. Department of Justice and/or the County shall, until expiration of five years after the final payment under this Agreement, have access and the right to examine any books, documents, papers, canceled checks, purveyor's and other invoices, and records of the City/Village related to this Agreement, or to the City's/Village's compliance with any term, condition or provision of this Agreement. The City/Village shall be responsible for establishing and maintaining records sufficient to document the costs associated with performance under the terms of this Agreement. I. Indenu%ification: With respect to any claims, losses, damages and liabilities that may result due to the Vendor.pe~,~forming services on the premises of the City/Village, the City/Village agrees to indemnify( hold harmless and defend the County and its commissioners, elected officials, employees, agents and representatives, and their respective successors and assigns, from and against any such claims, losses, damages and liabilities, including costs, expenses and attorney's fees. 6 ECTION 7: ACCEPTANCE and EXECUTION The terms of this Intergovernmental Agreement are hereby accepted an~_executed by the proper officers and officials of the parties as set forth below. Attached to this Agreement as Exhibit D is a City/Village Resolution authorizing execution of this Agreement. COUNTY OF COOK, ILLINOIS BY: John H. Stroger, Jr. President, Cook County Board of Commissioners ATTEST: David DJ Orr, County Clerk SHERIFF OF COOK COUNTY, IT.?.INOIS BY: Michael F. Sheahan Approved as to Form: Assistant State's Attorney . Mayor/Pre~iddnt/.j ~/ '.- ATTEST: Carol A. Fields Clerk f: \sheriff\cabs\towniga. fnl EXHIBIT A LIST OF EQUIPMENT AND TECHNICAL SERVICES TO BE PROVIDED BY VENDOR/COUNTY 10-Print Machine (1) 10-Print Printer (1) Oracle User License (1) Backup Hardware and Software for the 10~P~i~t Machine Digital Mugshot System (1) · Camera (1), Software and Lighting for the Digital Mugshot System Router to Connect to the Cook County Network (1) Training One Year Warranty on all Equipment and Software One Set of Documentation for all Equipment and Software EXHIBIT B U.S. DEPARTHENT OF JUSTICE GP~ AWARD CONDITIONS CONDITIONS OF GRANT AWARD 1. Grantees which have been awarded funding for the procurement of an item in excess of $100,000 and have already identified a vendor must provide a written sole source justification to the COPS Office prior to obligation, expending or drawing down grant funds for that item. 2. The funding under this project is for the payment of costs approved by the COPS Office for support resources (including the salaries and benefiCs of civliian personnel), equipment and technology, and/or overtime that has been approved by the COPS Office. 3. COPS MORE '96 grant funds must be used to hire one or more civilians beyond the number of civillans that would be hired or employed by the grantee in the absence of the grant, or must be used to purchase e~uipment or technology beyond that which the grantee is already obligated or funded to purchase, or must be used to fund overtime that exceeds current and planned overtime payments. 4. The civilians and equipment nnd technology funded under this grant may only be utilized ia activities or services that exclusively benefit your agency and the population that it serves. If your agency provides police services through a contractual arrangement, your agency is responsible for ensuring that the utilization of civilians, equipment and technolog7 and overtime.is in compliance with the conditions of your grant. ' ' 5. The grantee acknowledges its agreement to com~ly with the assurances and certification~ submitted with the COPS MORE '96 application. 6. In order to assist th~ COPS Office in the monitoring of the award, your agency will be responsible for submitting progress reports and financial status reports on a quarterly basis. As those reports become due, your Grant Advisor will provide you with outlines to assist you with these reports. 7. Requests for ~xtensions of the grant award period that merely request additional time, not additional funding, should be submitted in writing to your grant advisor no earlier than August 1, 1997 and no later than September 15, 1997. 8. The COPS Office may conduct or sponsor national eva[nations of the Community Oriented Policing Services Program (COPS) and the MORE '96 program. The grantee agrees to cooperate with the evaluators. 9. The grantee agrees to abide by the terms, conditions, and regulations as found in the COPS MORE '96 Grant Owner's Manual and the ffniform .~dministrative Requirements for Grants and Cooperative Agreements to State and l~ocal Governments, 28 C.F.1L Part 66. 10. For grants of $500,000 or more (or $1,000,000 or more in grants over an eighteen month period), the grantee acknnwledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee ia required to submit ....~ o0e gndeK~2.E R~ 42 302) that is approved hy the Office of Justlce Programs Office for Civil Rights, is a violation of its ".~s~urances an~ ma~' resu t n the suspens on of the drawdown of funds. For grants under $500,000, the grantee must ~- ~'- ' ....subm~ n eompf6ted EEOP Certffieatxon form and return it to thc Office of Justtcc Programs, Office for C~v I Rights, within 120 days of the grant award. 11. The recipient agrees to complete and keep on file, as appropriate, an immigration and Naturalization Service Employment El gibility Verification Form (f-9). This form is to be used by the recipients of federal fu~tdgT~'Verify that '- .... ........... persons-are e gible'~o work in the United States. 12. The grantee agrees to monitor and exercise best efforts to maintain the level of redeployment of current sworn officers into community policing that is the result of COPS MORE '96 funding. During the first 60 days after the grantee signs and returns the grant award document, the grantee will work with the COPS Office to develop a plan to track the officer time redeployed into community policing. · 13. If any part of the funded project s subject to the requirements of the Crimin~ll~e~ce S)/~_tems Operating regulation, 28 C.F.R. Part 23, the grantee agrees to submit to the COPS Office ~ts operla~'~, procedures and/or a certification that such a system has on hand operating policies as required by the regulation prior to drawing down grant funds for the funded project. EXHIBIT C U.S. DEPARTMENT OF JIISTICE CERTIFICATIONS AND ASSURANCES u~' of a controllo. I substance i~ prohibited in the grantee's (b) Requiring such emp~oye.,e to participate satisfaCtori/y Lq a - workplace and specib..,Lqg the actions ti~at will be taken against drug abuse assistance or rehabilitation pt-,~,.~ram approved for employees: for vLqlation or' such prohibition; such purbx'~es bva Federal, State or local health, aw erdorce- I {ii) E.qtablishing an on-going drug-flee awareness program to ment or other appropr/ate agency,; inform employees about -- (v~) Making a good faith effort to cgntinue to maLqtain a 1~ ~ drug-free workplace tfuough implementation of paragraphs [~ ia)'The danger~ of drug abus~ in the workphde; ' : ii), (li~, (iii), (iv), fv),.a~d (vi). (b) The grantee's policy of maintaining a drag-free workplace; B. The grantee may insert in the space provided below the site(s) A for the performance of work done in connec°don with the specLfic re I'. (c) Any available drug counseling, rehabilitation` and employ- grant:. ~t[ PLace ~f Performance (street address, dty, county, state, zip code) ~ (d) The penalties that may be imposed upon employees for . . - - ,.~ drug abuse violations occurring in the workplace; >f (ii.0 Maldng it a r~ulmmant that each emp!oyea to be al .engaged in the performance of the grant be given a copy the statement required by paragraph (i); Check CI if there are workplaces on ~e that are not identffied · here, ~ (iv) Notifying the empl~yea in the statement required by a~ paragraph (i) that.as a condition of'employment under the .~-"tio n 67.630 of the regulations provides tlmt a grantee that is a r~ grant, the employee will ~ State may elect to make one cert~c'ation in each Federal p,, year, a copy of which should be included with each application {a) Abide by the terms of the statement; and for Department of,lustice banding. States and State agencies may elect to use O.[P Form 4061/Z COl Notify the employer in writing of' his or her conviction for a violation of a crimir~ drug statute, occtu'ring in the.w..,o~'k- Check E3 i/the Stat.e has elected to complete OJ-P Form 4061/7. place no later than five calendar days after such con,.nc'don; .. 4. Coordination (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph {iv)Col from an The Public Safety P'art:nership and Community Policing Act of 1994 ; : employee or otherwise receiving actual notice of such con'Ac- re~tuires applicants to certify,- that there has been appropriate coordi- ~ .. tion. EmplOyers of'convicted employees must provide notice, nation with all agencies that may be affected by the applicant's grant Lqduding position titie, to: COPS Office, 1100 Verraont Ave., preposal tfapproved. Affected agenciea may include, among others, I lqW, Washington, DC 20530.. Notice shall induda the identifi- the Office of the United States ^ttomey, state or local prosecutors, or I ca[ion number(s} of each affected grant; .. correctional agencies. The applicant certifies that there has been ! appropriate coordination with all affected agencies. t (vi) Taking one of the following actions, within :30 calendar :: ~ days of receiving notice under subparagraph (iv)Cb), with S. Nan-Supplanting : ¢ ' respect to any employee who is so convicted -- t ' The applicant hereby certifies that Federa. 1 fLtl;Ld,s will not be used.to--.- - ~ Ca) Taking appropriate personnel action against such an replace or supplant State or local f~nds, or funds supplied by the employee, up to and including termination` consistent with Bureau of indian A-flairs, that would, in the absence of federal aid, be ( the requirements of the Rehabilitation Act of 1973, as amend- made available to or for law erfforcement purposes. : ~ ed; or t r d .ri 5 ! COPS MORE 96 AWARD U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY OMENTED POLICING SERVtCF_.g Grant#: 97CLWX0002 ORI#: IL01600 Vendor #: 366006545 Applicant Organization's I~gal Name: Cook County Sheriff, s Department'" _Th~ previous grant award documents dated Auth0r/z~d Official Name: President of County Board John Stroger ~_.~. have been cancclted. Any Award · Document or Request for Payments submitted Contact Name: Phil Coduti for this grant without this label will not be honored and should be destroyed.. Thank you Ad.ess: 50 W. Washington, Room 704 for your cooperation. City. State and Zip Code: Chicago, IL 60602 Phone Number: (312)443-6444 Fax Number: (312)443-3450 Award start date: January I, 1997 Award end date: December 31,1997 Award Amount: $t0,359,501.00 NumberofRedeployed Officers: 414 Civilian Personnel Award: $403,701.00 Number of Redeployed Officers: 16 APPROVED BY BOARD Equipment/Technology Award: S9,955,800.00 ~umber of Redeployed Officers: 3¢~OUNTY COM3AI$SION[I : ' AUG 0 5 1997 CO~.., ~- 'By signing ~is awed, ~c signato~ o~cial is ' lO~ ~0~ / 'X agrccin~ to ~idc by ~c ConditiO~ of~r~t Awed Date N~ ~d ~tlC of O~ci~ EXHIBIT D CITY/VILLAGE RESOLUTION