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,
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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.
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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 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.
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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.
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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
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d
.ri
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!
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