HomeMy WebLinkAboutRes 37-99 08/03/1999vwl
7/23/99
RESOLUTION NO. 37--99
A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT
TO ADOPT AN INTERGOVERNMENTAL AGREEMENT
ESTABLISHING A MOBILE TEAM IN-SERVICE TRAINING UNIT
WHEREAS, the General Assembly of the State of Illinois had enacted the
Intergovernmental Law Enforcement Officer's In-service Training Act (hereinafter
referred to as The Act), (Public Act 83-20 approved and effective July 18, 1983); and
WHEREAS, on April 15, 1983 the Village of Addison, DuPage county, Illinois, a
municipal corporation and Kendall County, a body politic and corporate, State of Illinois,
entered into an Intergovernmental Agreement pursuant to authority vested in them by
Article VII, Section 10 of the Constitution of the State of Illinois and the
Intergovernmental Cooperation Act (Ch. 127, Sec. 741 et. Seq., Illinois Revised
Statutes), which agreement was amended on the 15t~ day of May, 1983; and
WHEREAS, the participants in such a mobile team would provide and deliver in-service
training to local an state law enforcement officers of the Village of Mount Prospect,
Illinois, at scheduled times and selected sites and will be in the best interest of the
Village of Mount Prospect.
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 are hereby authorized to execute an adoption of the Intergovernmental
Agreement, entered into on April 15, 1983, between the Village of Addison and Kendall
County, Illinois as amended, and attached to and made a part of this Resolution as
Exhibit "A", establishing a Mobile Team pursuant to the Intergovernmental Law
Enfomement Officer's In-Service Training Act.
SECTION TWO: That the Mayor and the Chief of Police are hereby authorized to serve
on the Advisory Board of the Mobile Team and to otherwise participate with the Mobile
Team which is authorized to serve on the Advisory Board of the Mobile Team and to
otherwise participate with the Mobile Team which is authorized pursuant to The Act.
age 2/2
Police In-service Agrmt.
SECTION THREE: That this Resolution shall be in full force and effective from and
after its passage and approval in the manner provided by law.
AYES: Corcoran, Hoefert, Lohrstorfer, Nocchi, Skowron, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 3rd day of August , 1999.
ATTEST:
Village Clerk
PHONE (312) 603-6444 I ..... ~' ;;' '-~.-i
Sheriff's Office of Cook County, Illinois
RICHARD J. DALEY CENTER, CHICAGO, IL 60602
MICHAEL F. SHEAHAN
SHERIFF
18 August 1999
CABS Participants
Re: CABS Intergovernmental Agreement
Enclosed is an executed copy of the intergovernmental agreement between your municipality and
the County of Cook for the provision of Criminal Apprehension and Booking System equipment
and related services. This agreement was approved by the Cook County Board of Commissioners
4 August 1999.
To date, fifty-one Live-Scan systems have been installed throughout Cook County. Most of
systems are connected to the Bureau of Identification using the Illinois Criminal Justice
Information Authority's ALECS system. We expect to begin installing the remaining
departments in September. Ameritech has begun the final phase of the installation of the new
Cook County wide area computer network. Once the network is completed, NEC engineers will
begin installing the remaining Live-Scan equipment.
Those of you who are ALECS users will migrate to the new Cook County network by 1 January
2000. Movement to the network will facilitate the use of the new CHRIS software and provide
direct access to the criminal history records of the Chicago Police Department. Suburban police
agencies will be able to print Chicago criminal history records at their arrest-booking terminal as
well as access the new digital mugshot system of the Illinois State Police. Both of which are
significant improvements for the Cook County law-enforcement community.
Thank you for participating with the Cook County Sheriff's Office in thi's worthy project.
Sincerely,
Arnold Miller
Director CABS
~, RES. NO. 7~9
~ 2/17/98
1-~l~,ERGO'v~31~T~3NTA.LAG~F_~]3~m£'
~E_~WEEN THE COUNTY OF COOK, ILLIN~-~S, ~
THE SHERIFF OF COOK COUITT~, ILLINOIS,
~ THE Village of Mount Prospect
FOR THE PROVISION OF
CI:.I/4INA~APPREHENSION BOOKING SYSTEM EQUIPMENT
AND RELATED SERVICES
This AGREEMENT, is made and entered into on the 17t~ 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 grant (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
Intergoverrunental 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 AlqD OBLIGATIONS OF THE COLIRTY
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
the CABS Equipment and technical services (the
"Contract"). A copy of the Contract shall be provided
to the City/Village upon request.
2. In accordance with the terms and conditions set forth
in 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/~r 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 ~ivescan
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 ~$]LD.s, such_
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,
.... the ISP will: (i) design, development 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 invol%ed in the CABS consortium; and (ii)
acquire and implement firewalls to protect the ISP's communication
networks and databases. Pursuant to the !SP 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-four (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~e~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.
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'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 ky 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 U~it canhot cure the problem within eight (8) hours,
the CABS unit will 'arrange 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 G~t. 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 but not 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 operates the County-wide
Criminal Apprehension Booking System.
In the event th~ 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: COb~PENSATION TO THE COUNTY
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: t4ISCET.?.A1T~OUS
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 .r_~sulting .....
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 Cour5 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 writin~ and
be served personally or by registered or certified mail,
re~urn 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. ~endgnent: 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
ccmply 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
d£ssem/nation of criminal records.
H. Right to Audit: The Cit~/Village 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 tc
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. Indenunification: 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 coramissioners, 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.
SECTION 7: ACCEPTANCE and EXECUTION
The terms of this Intergovernmental Agreement are hereby accepted
and 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 Reso,~ution authorizing execution of this Agreement.
COUNTY OF COOK, ILLINOIS
John H. t$~roger, Jr. ~ v
Preside~, Cook~C~Unt~y Board
of Com~s s'ioners ; -
David D~ Orr, County Clerk
SHERIFF OF COOK COUNTY, ILLINOIS
Michael F. Sheahan
Approved as to Form:
Assis~nt State's ~t~ey
CITY/VIL~~~arlev/ .........
ATTEST: Carol ^. [ields Clerk
f:\sheriff\cabs\towniga.fnl
APPROVED BY BOARD
COUNTY COMMISSIONERS
AUG 0 A 1999
COM
EX~tIBIT 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)
Ca~lera (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 Softwar~, '~ ~
One Set of Documentation for all Equipment and Software