HomeMy WebLinkAbout06-35 �,c(OF E�Ci
`\°y City of Elgin
January 29, 2009
RE: Resolution No. 06-35
Grant Agreement with the Illinois Criminal Justice Information Authority for the
purchase of mobile data terminals
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
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SIGNED ,
IIIWilsonJonese WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
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Resolution No. 06-35
RESOLUTION
AUTHORIZING THE EXECUTION OF A GRANT
WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
FOR THE PURCHASE OF MOBILE DATA TERMINALS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby authorizes the execution of a grant agreement by Ed Schock, Mayor, with the Illinois
Criminal Justice Information Authority for the purchase of mobile data terminals,a copy of which is
attached hereto and made a part hereof by reference.
Ed Schock, Mayor
Presented: February 22, 2006
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Dolonna Mecum, City Clerk
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PROGRAM TITLE: Mobile Data Computer Equipment Program
AGREEMENT NUMBER: 401579
PREVIOUS AGREEMENT NUMBER(S): NA
ESTIMATED START DATE: January 1,2006
SOURCES OF PROGRAM FUNDING: City of Elgin
FFY01 ADDA Funds $ 11,390.00
Matching Funds: $ 3,797.00
Total: $ 15,187.00
IMPLEMENTING AGENCY: City of Elgin
ADDRESS: 150 Dexter
Elgin,IL 60120
IRS TAX IDENTIFICATION NUMBER(36-or 37-): 36-6005862
OFFICIAL IN CHARGE: Ed Schuck
TITLE(mayor/village pres/county board chair): Mayor
TELEPHONE: 847-931-5592
CHIEF FINANCIAL OFFICER: Jim Nowicki
TITLE(treasurer/finance director): Treasurer
TELEPHONE: 847-931-5625
PROGRAM AGENCY:: Elgin Police Department
ADDRESS: 151 Douglas
Elgin,IL 60120
PROGRAM DIRECTOR: Lisa Womack
TITLE(Chief/Sheriff): Chief
TELEPHONE: 847-289-2740
FAX: 847-289-2750
Email:
FISCAL CONTACT PERSON: Robert Duffy
TITLE: Deputy Chief for Support
TELEPHONE: 847-289-2763
FAX: 847-289-2750
Email: duffy_r @cityofelgin.org
PROGRAM CONTACT PERSON: Robert Duffy
TITLE: Deputy Chief for Support
TELEPHONE: 847-289-2763
FAX: 847-289-2750
Email: duffy_r @cityofelgin.org
elk
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
NOW, THEREFORE, BE IT AGREED by and between the Illinois Criminal Justice Information Authority and
the Implementing Agency as follows:
SECTION 1. DEFINITIONS
"Program": means a plan set out in a Program Description that identifies problems related to drug and violent
crime law enforcement and that contains a statement of objectives,strategies for achieving those
objectives,and a method for assessing the effectiveness of those strategies.
SECTION 2. PERIOD OF PERFORMANCE AND COSTS INCURRED
The period of performance of this agreement shall be from January 1,2006 through March 31,2006.
Costs incurred before the execution date of this agreement may be charged to this agreement if included in Exhibit
B,incurred during the period of performance,and the Implementing Agency performed in accordance with the
terms and conditions of this agreement.
The Authority shall not be responsible for costs incurred before or after the period of performance of this agreement.
SECTION 3. COMMENCEMENT OF PERFORMANCE
If performance has not commenced within 60 days of the starting date of this agreement,the Implementing Agency
agrees to report by letter to the Authority the steps taken to initiate the program,the reasons for the delay,and the
expected starting date.
If the program is not operational within 90 days of the starting date of this agreement,the Implementing Agency
agrees to submit a second letter to the Authority explaining the implementation delay.The Authority may at its
discretion either cancel this agreement or extend the implementation date of the program past the 90-day period.
If the program is interrupted for more than 30 days after commencement,due to loss of staff or any other reason,the
Implementing Agency agrees to notify the Authority in writing explaining the reasons for the interruption and the
steps being taken to resume operation of the program.The Authority may,at its discretion,reduce the amount of
federal funds awarded and/or terminate this agreement if the program is interrupted for more than 90 days.
If this agreement is terminated due to this section,the Authority will only pay for those services rendered as of the
date service delivery ceased.Any funds advanced to the Implementing Agency and not expended as of that date shall
be repaid to the Authority upon notification by the Authority.
SECTION 4. PROGRAM DESCRIPTION AND BUDGET
The Implementing Agency agrees to undertake and perform in a satisfactory manner in accordance with the terms
and conditions of this agreement,the program described in the Program Description attached and incorporated as
Exhibit A and the Budget attached and incorporated as Exhibit B.
SECTION 5. PAYMENT
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
2
•
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
reports to the Authority on a quarterly basis,with quarters beginning at the start of the calendar year,by the 15th day
of each month following the previous quarter:
• progress reports for the preceding quarter relevant to the performance indicators listed in Exhibit A;
• fiscal reports detailing financial expenditures for the previous quarter;
• and any other reports specified by the Authority.
The Implementing Agency is further required to submit a final financial status report following termination of the
program,the content and form of which will be determined by the Executive Director of the Authority.
The Implementing Agency agrees to comply with the National Institute of Justice Guidelines for the evaluation of
programs.The Implementing Agency agrees to report any additional information required by the Executive Director
of the Authority.
SECTION 10. PROGRAM INCOME
All income,including income resulting from asset seizures or forfeitures,generated as a direct result of the program
described in Exhibit A shall be deemed program income.Program income must be used for the purposes and under
the conditions applicable to the use of grant funds.The federal proportion of program income must be accounted for
up to the same ratio of federal participation as funded in the program.Program income may be retained by the
Implementing Agency for any purpose that furthers the objectives of the Anti-Drug Abuse Act of 1988.
Implementing Agency shall report and account for such program income as required by the Authority.
SECTION 11. PROCUREMENT REQUIREMENTS,REQUESTS FOR PROPOSALS,CONFLICT OF
INTEREST
All procurement transactions shall be conducted by the Implementing Agency in a manner to provide,to the
maximum extent practical,open and free competition.The Implementing Agency must use procurement procedures
that minimally adhere to all applicable laws,executive orders and federal guidelines.The Implementing Agency shall
also adhere,and assure that its contractors and subcontractors adhere,to all applicable certification and disclosure
requirements of the Illinois Procurement Code.
The Implementing Agency shall follow its established procurement process if it minimally adheres to applicable
federal guidelines,and the following requirements.If the Implementing Agency's established procurement process is
less competitive than the following requirements,the following more competitive requirements must be adhered to in
lieu of the Implementing Agency's procurement process.
• For procurements of$100,000 or less,the Implementing Agency must solicit quotes or bids from at least three
sources.
• For procurements over$100,000,the Implementing Agency must formally advertise the proposed procurement
through an Invitation for Bids(IFB),or a Request for Proposals(RFP)process.
All RFPs over$100,000,that involve the use of federal or matching funds,must be submitted by the Implementing
Agency to the Authority for review and written approval prior to their issuance.In addition,the Authority reserves
the right to request that any RFP or IFB,regardless of its dollar amount,be submitted to the Authority for review and
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
4
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
If required by revised Office of Management and Budget Circular A-133"Audits of States,Local Governments,and
Non-Profit Organizations,"the Implementing Agency agrees to provide for an independent audit of its activities.
Audits shall be made annually,unless A-133 allows the Implementing Agency to undergo biennial audits.Audits
shall be made in accordance with the General Accounting Standards for Audit of Governmental Organizations,
Programs,Activities and Functions,the Guidelines for Financial and Compliance Audits of Federally Assisted
Programs,any compliance supplements approved by the Office of Management and Budget,and generally accepted
auditing standards established by the American Institute of Certified Public Accountants.Copies of all audits must be
submitted to the Authority no later than 9 months after the close of the Implementing Agency's audit period.
Known or suspected violations of any law encountered during audits,including fraud,theft,embezzlement,forgery,
or other serious irregularities,must be immediately communicated to the Authority and appropriate federal,State,
and local law enforcement officials.
The Implementing Agency agrees to develop and maintain a record-keeping system to document all agreement
related activities and expenditures.These records will act as the original source material for compilation of the data
required in Section 9 and all other program activity.
The Authority shall have access for purposes of monitoring,audit and examination to all relevant books,documents,
papers,and records of the Implementing Agency,and to relevant books,documents,papers and records of
subcontractors.
SECTION 16. CLOSE-OUT REQUIREMENTS
Within 45 days of the expiration date of this agreement or any approved extension thereof the following documents
must be submitted by the Implementing Agency to the Authority:(a)final financial status report;(b)final progress
reports;(c)property inventory report;and(d)other documents required by the Authority.
SECTION 17. NATIONAL ENVIRONMENTAL POLICY ACT AND RELATED LEGISLATION
If the Implementing Agency undertakes new activities related to the use of federal grant or matching funds in connection
with the program that include one or more of the activities listed below,the Implementing Agency shall assist the Authority
and the U.S.Department of Justice,Bureau of Justice Assistance(BJA),in complying with the National Environmental Policy
Act(NEPA)and other related federal environmental impact analyses requirements,including but not limited to those listed in
Section 18 of this agreement.
The Implementing Agency acknowledges that this section applies to new activities whether or not they are being specifically
funded with federal grant or matching funds, in connection with the program.As long as the new activity is being conducted
by the Implementing Agency,or any subgrantee,subcontractor,or any third party,and the new activity needs to be
undertaken in order to use the federal grant or matching funds in connection with the program,the terms of this section must
be met.
Prior to obligating federal grant or matching funds in connection with the program,the Implementing Agency must determine
if any of the following activities will be related to the use of such federal grant or matching funds.The Implementing Agency
must notify the Authority in writing if it will be conducting any of the following activities,when the activity is undertaken in
order to use,or is funded with,federal grant or matching funds in connection with the program:
rik ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
6
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
- Safe Drinking Water Act of 1974,42 U.S.C.pars.300f et seq.
- Endangered Species Act of 1973, 16 U.S.C.pars. 1531 et seq.
- Wild and Scenic Rivers Act of 1968,as amended, 16 U.S.C.pars. 1271 et seq.
- Historical and Archeological Data Preservation Act of 1960,as amended, 16 U.S.C.pars.469 et seq.
- Coastal Zone Management Act of 1972, 16 U.S.C.pars. 1451 et seq.
- Coastal Barrier Resources of 1982, 16 U.S.C.pars.3501 et seq.
- Indian Self Determination Act,25 U.S.C.par.450f.
- Intergovernmental Cooperation Act of 1968,42 U.S.C.4201 et seq.
- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C.pars.4601 et
seq.
- Hatch Political Activity Act of 1940,as amended,5 U.S.C.pars. 1501 et seq.
- Animal Welfare Act of 1970,7 U.S.C.pars.2131 et seq.
rk - Demonstration Cities and Metropolitan Development Act of 1966,42 U.S.C.pars.3301 et seq.
- Federal Fair Labor Standards Act of 1938,as amended,29 U.S.C.pars.201 et seq.
SECTION 19. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
If the Implementing Agency has 50 or more employees and is receiving at least$25,000 through this agreement,or
another grant funded by the U.S.Department of Justice,the Implementing Agency shall formulate,implement and
maintain an equal employment opportunity program in accordance with 28 CFI(Part 42,Nondiscrimination;Equal
Employment Opportunity;Policies and Procedures.If required by this section,the Implementing Agency certifies
that an equal employment opportunity program will be in effect during the period of performance of this agreement.
In addition,an Implementing Agency receiving$500,000 or more through this agreement,or$1,000,000 or more in
aggregate grant funds in an 18 month period,shall submit a copy of its equal employment opportunity plan to the
Authority.
The Implementing Agency shall complete and submit an EEO Plan Certification to the Authority.This Certification
will indicate if the Implementing Agency is required to have an EEO Plan or if the Implementing Agency is exempt
from this requirement.
SECTION 20. NONDISCRIMINATION
The Implementing Agency certifies that no person shall be excluded from participation in,denied the benefits of,
subjected to discrimination under,or denied employment in connection with any activity funded under this
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
8
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
SECTION 21. CONFIDENTIALITY OF INFORMATION
The Implementing Agency agrees not to use or reveal any research or statistical information furnished under this
program by any person and identifiable to any specific private person for any purpose other than the purpose for
which such information was obtained in accordance with this program and all applicable federal guidelines and
legislation.Such information shall be immune from legal process and shall not,without the consent of the person
furnishing the information,be admitted as evidence or used for any purpose in any action,suit or other judicial,
legislative or administrative proceeding.
As applicable,the Implementing Agency agrees to protect the confidentiality of narcotic related intelligence and
investigative information and to maintain the security of such information.The Implementing Agency certifies that it
shall take full responsibility and will be accountable for narcotic-related intelligence and investigative information
collected,maintained and disseminated as a result of the program described in Exhibit A and that program personnel
will comply with all standards set forth in this agreement.As applicable,all program personnel shall comply with the
obligations for confidentiality and dissemination of narcotic-related intelligence and investigative information placed
on inspectors for the Department of State Police by the Department's rules of Conduct(20 Ill.Adm.Code
1220.130(h)),by the Department's internal operating procedures(DCI OPS 9 Dissemination of Narcotic-Related
Information to Other Agencies,August 15, 1979;MDI-26 Dissemination of Intelligence and Investigative
Information,June 15, 1981),U.S.Department of Justice Criminal Intelligence Operating Policies,F.R.,vol.43,no.
127,June 30, 1978,and by such other rules of the Department or the Authority as may hereafter be adopted.
SECTION 22. ASSIGNMENT
The Implementing Agency shall make no assignment or transfer of this agreement or of any of the monies due
hereunder without prior written approval of the Authority.In the event that the Authority approves such an
assignment or transfer,the terms and conditions of this agreement shall apply to and bind the party or parties to
whom such work is assigned or transferred as fully and completely as the Implementing Agency is bound and
obligated.
SECTION 23. SUBCONTRACTING
The use of subcontractors for any work or professional services that involves the use of federal or matching funds is
subject to Authority approval.Any work or professional services subcontracted for shall be specified by written
contract and subject to all terms and conditions contained in this agreement.If the use of subcontractors is approved
by the Authority,the terms and conditions of this agreement shall apply to and bind the party or parties to whom
such work is subcontracted as fully and completely as the Implementing Agency is bound and obligated.The
Implementing Agency shall make reasonable efforts to assure that all subcontractors adhere to the terms and
conditions of this agreement.The Authority shall not be responsible for the performance,acts or omissions of any
subcontractor.
Subcontracts over$100,000 that are funded with federal or matching funds must be submitted by the Implementing
Agency for Authority review and approval prior to their effective dates and execution by the Implementing Agency.In
addition,the Authority reserves the right to require that any subcontract funded with federal or matching funds,
regardless of its dollar amount,be submitted to the Authority for review and approval prior to its effective date and
execution by the Implementing Agency.
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
10
•
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
As applicable,the Implementing Agency shall comply with the Illinois Law Enforcement Information Network
(ILEIN)by providing any information which ILEIN may require and with all the rules promulgated in relation
thereto.
The Executive Director of the Authority,in accordance with the Authority's Operating Procedures for the
Administration of Federal Funds,may suspend or terminate performance of this agreement for nonconformance with
any State or federal law or regulation,with such guidelines as specified in this section,or with the terms or
conditions of this agreement.
SECTION 27. CERTIFICATIONS REGARDING DEBARMENT AND A DRUG-FREE WORKPLACE
As required by the Authority, the Implementing Agency shall complete and submit the Certification Regarding A
Drug-Free Workplace and shall certify that neither it nor its principals are presently debarred, suspended,proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
The Implementing Agency certifies that it has not been barred from contracting with any unit of State or local
government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961,as amended.
SECTION 28. CERTIFICATION REGARDING LOBBYING.
Federal funds are prohibited from being used for influencing or attempting to influence persons in connection with
covered federal transactions,which include the awarding,making,entering into,extension,continuation,renewal,
amendment,or modification,of federal grants or contracts.If receiving more than$100,000 pursuant to this
agreement,Implementing Agency agrees to provide a Certification Regarding Lobbying to the Authority and,if
applicable,a Disclosure of Lobbying Activities form.If a subcontractor will receive more than$100,000 in federal
funds pursuant to this agreement,Implementing Agency will provide to the Authority a Certification Regarding
Lobbying and,if applicable,a Disclosure of Lobbying Activities form signed by the subcontractor.The
Implementing Agency must provide these certifications and disclosures as required by the Authority.
SECTION 29. INTERNATIONAL ANTI-BOYCOTT CERTIFICATION
The Implementing Agency certifies that neither it nor any substantially-owned affiliated company is participating or
shall participate in an international boycott in violation of the provisions of the U.S.Export Administration Act of
1979 or the regulations of the U.S.Department of Commerce promulgated under that Act.
SECTION 30. DRUG FREE WORKPLACE CERTIFICATION
If the Implementing Agency has 25 or more employees and is receiving$5,000 or more under this agreement,the
Implementing Agency certifies that it provides,and will continue to provide,a drug free workplace in accordance
with the Drug Free Workplace Act(30 ILCS 580).
The Act requires that no grantee or contractor shall receive a grant or be considered for the purposes of being
awarded a contract for the procurement of any property or services from the State unless that grantee or contractor
has certified to the State that the grantee or contractor will provide a drug free workplace.False certification or
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
12
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
(f) Assisting employees in selecting a course of action in the event drug counseling,treatment,and
rehabilitation is required and indicating that a trained referral team is in place.
(g) Making a good faith effort to'continue to maintain a drug free workplace through implementation of the
Drug Free Workplace Act.
SECTION 31. STATEMENTS,PRESS RELEASES,ETC.
When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing
projects or programs funded in whole or in part with federal money,the Implementing Agency shall clearly state(1)
the percentage of the total cost of the program or project which will be financed with federal money,and(2)the
dollar amount of federal funds for the project or program.
SECTION 32. COPYRIGHTS,PATENTS
•
If this agreement results in a copyright,the Authority and the Bureau of Justice Assistance reserve a royalty-free,
nonexclusive and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for
government purposes,the work or the copyright to any work developed under this agreement and any rights of
copyright to which a grantee,subgrantee or a contractor purchases ownership with grant support.
If this agreement results in the production of patentable items,patent rights,processes,or inventions,the
Implementing Agency shall immediately notify the Authority.The Authority will provide the Implementing Agency
with further instruction on whether protection on the item will be sought and how the rights in the item will be
allocated and administered in order to protect the public interest,in accordance with federal guidelines.
SECTION 33. PUBLICATIONS
The Implementing Agency shall submit to the Authority for review,a draft of any publication that will be issued by the
Implementing Agency describing or resulting from programs or projects funded in whole or in part with federal or
matching funds,no later than 60 days prior to its printing.
For publications over 20 pages,the Authority will submit comments to the Implementing Agency no later than 30 days
after receipt of the draft.If more than one such publication is submitted,the Authority reserves the right to extend the
30-day review period.
For publications of 20 pages or less,the Authority will submit comments to the Implementing Agency no later than 10
working days after receipt of the draft.If more than one such publication is submitted,the Authority reserves the right to
extend the 10-day review period.
The Authority reserves the right to require the resubmission of any publication for additional review and comment,prior
to its printing.
The Implementing Agency shall submit to the Authority,copies,the number of which will be specified by the
Authority, of the final publication no later than 20 days prior to release of the final publication.
Exceptions to the above publication requirements may be granted upon prior Authority approval.
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
14
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
SECTION 36. DISPOSITION REPORTING
The Implementing Agency certifies that it is in compliance with the reporting provisions of the Criminal
Identification Act(20 ILCS 2630),when applicable,and agrees to cooperate with the Authority and other parties in
the implementation of the State's Criminal Records Improvement Plan,developed by the Authority pursuant to
federal law.
SECTION 37.CRIMINAL INTELLIGENCE SYSTEM OPERATING POLICIES
If the program described in Exhibit A is subject to requirements of the Criminal Intelligence System Operating
Policies,28 CFR Part 23,the Implementing Agency certifies to the Authority that the program shall conform with
the operating policies set forth in 28 CFR Part 23.20 and meets funding criteria set forth in 28 CFI&Part 23.30.If the
program is subject to these requirements,the Implementing Agency shall cooperate with specialized monitoring and
auditing of the program as may be required by 28 CFR Part 23.40(a),and shall comply with operating policies
required by 28 CFR Part 23.40(b).
SECTION 38. RENEGOTIATION,MODIFICATION,OR AMENDMENT OF THE INTERAGENCY
AGREEMENT
No alteration,variation,modification,termination,addition to or waiver of any provisions of this agreement shall be
valid or binding unless in writing,and signed by the parties. For purposes of modification of this agreement which
r do not involve increases or decreases in funding,the signature of one representative of the Implementing Agency is
sufficient.The parties agree to renegotiate,modify,or amend this agreement to ensure continued consistency with
federal and State laws,and regulations.
SECTION 39. INTEGRATION
This document and the exhibits,amendments,and items incorporated by reference constitute the entire agreement
between the parties pertaining to the subject matter of this agreement and supersede all prior and contemporaneous
agreements and understandings of the parties,oral or written,which are not fully expressed herein.No alleged
covenant,representation,or condition not expressed in this agreement shall affect or be effective to interpret,change
or restrict the express provisions of this agreement.
SECTION 40. SEVERABILITY
If any term or provision of this agreement is held invalid,unenforceable,voidable or void,that term or provision
shall not affect the other terms or provisions of this agreement which can be given effect without the invalid term or
provision.
SECTION 40.1 SPECIAL CONDITIONS—
EQUIPMENT PURCHASES
If,for an item of equipment described in Exhibit B to be funded with federal funds,the Implementing Agency does
not have a purchase order dated within 90 days after the start date of the agreement,the Implementing Agency shall
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
16
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
• using the commodities or equipment received under this agreement for any program or purpose other than
described in Exhibit A.
• disposing of,trading in,replacing,selling or transferring any of the commodities or equipment received
under this agreement.
The Implementing Agency must adhere to these prior approval requirements,even after the end of the grant period
of performance.
The Authority may deny the Implementing Agency's acquisition of equipment and commodities,or require that the
Implementing Agency relinquish equipment and commodities acquired through this agreement to the Authority,if
the Implementing Agency fails to adhere to the terms and conditions of this agreement or employ an adequate
property management system,governing the use,protection and management of such property.The Implementing
Agency is responsible for replacing or repairing equipment and commodities that are willfully or negligently lost,
stolen,damaged or destroyed.The Implementing Agency shall provide equivalent insurance coverage for equipment
and commodities acquired under this agreement as provided for other equipment and commodities owned by the
recipient.Any loss,damage or theft of equipment and commodities shall be investigated and fully documented,and
immediately reported to the Authority.
Records for equipment and commodities acquired under this agreement shall be retained for at least three years after
the final disposition,transfer,or replacement of the property,whichever is latest.If any litigation,claim,audit,fiscal
review,negotiation,or other action involving the records has been started before the expiration of this three-year
period,these records must be retained until completion of the action and resolution of all issues which arise from it,
or until the end of the regular three-year period,whichever is later.
SECTION 40.4 INVESTIGATION AND CLOSURE OF METHAMPHETAMINE LABORATORIES
The Implementing Agency understands and agrees that any program involving either the identification,seizure,or
closure of clandestine methamphetamine laboratories can result in adverse health,safety and environmental impacts
to(1)the law enforcement and other governmental personnel involved;(2)any residents,occupants,users,and
neighbors of the site of a seized clandestine laboratory;(3)the seized laboratory site's immediate and surrounding
environment;and(4)the immediate and surrounding environment of the site(s)where any remaining chemicals,
equipment,and wastes from a seized laboratory's operations are placed or come to rest.
When applicable,the Implementing Agency agrees that it shall adhere to guidelines and procedures to be developed
by the Authority and ISP regarding the investigation and closure of clandestine methamphetamine laboratories as a
condition of continued funding.The Implementing Agency shall also adhere to any amendments or additions to these
guidelines and procedures that are necessary to assure continued compliance with federal,State and local laws,
regulations and guidelines.If applicable,the Implementing Agency shall be notified of these guidelines and
procedures,and any such amendments or additions,in writing,and will be required to sign an acknowledgment
evidencing its receipt and agreement to adhere to these guidelines,procedures,and any amendments or additions.
In the event that the Implementing Agency encounters a clandestine methamphetamine laboratory the Implementing
Agency shall immediately call the Illinois State Police(ISP)Clandestine Laboratory Coordinator,at phone#(217)
785-6623 and the appropriate Drug Enforcement Administration(DEA)field office,for further instructions.In
addition, unless otherwise required by the items listed below, the Implementing Agency acknowledges and certifies
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
18
City of Elgin on behalf of the Elgin Police Department
Mobile Data Computer Equipment Program
#401579
agrees to a) timely evaluate the environmental condition at and around the site of a closed clandestine
laboratory and b)coordinate with the responsible party,property owner,or others to ensure that any residual
contamination is remediated, if determined necessary by the state environmental agency and in accordance
with existing state and federal requirements;and
(8) Facilitate the implementation of the written agreement with the responsible state or local services agencies to
properly respond to any minor,as defined by state law,at the site.This agreement must ensure immediate
response by qualified personnel who can a)respond to the potential health needs of any minor at the site b)
take that minor into protective custody unless the minor is criminally involved in the methamphetamine lab
activities,or is subject to arrest for other criminal violations,c)ensure immediate medical testing for
methamphetamine toxicity;and d)arrange for any follow-up medical tests, examinations,or health care made
necessary as a result of methamphetamine toxicity.
The Implementing Agency agrees to comply with federal,State and local environmental,health and safety laws,
regulations and guidelines applicable to the investigation and closure of clandestine methamphetamine laboratories
and the removal and the disposal of the chemicals,equipment and wastes used in or resulting from the operations of
these laboratories,including but not limited to:
- Resource Conservation and Recovery Act(RCRA)(42 U.S.C.6901 et seq.)as amended by the Hazardous
and Solid Waste Amendments(HSWA)(Pub.L.98-616).
- Comprehensive Environmental Response,Compensation and Liability Act(CERCLA)(42 U.S.C.9601 et
seq.),as amended by the Superfund Amendments and Reauthorization Act(SARA).
- Hazardous Materials Transportation Act(49 U.S.C.5101 et seq.).
- Occupational Safety and Health Act(OSHA)(29 U.S.C.651 et seq.).
- OSHA Hazardous Waste Operations and Emergency Response Standard(29 CFR 1910.120).
- OSHA Respiratory Protection Standard(29 CFR 1910.134).
- OSHA Hazard Communication Standard(29 CFR 1910.1200).
- Applicable U.S.Drug Enforcement Administration guidelines and requirements.
Applicable Illinois State Police policies,procedures,guidelines and requirements.
ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
Federal and State Grants Unit
20
OF f E
��/- Agenda Item No.
City of Elgin
41rrilx0'
G
February 3, 2006 I
N
TO: Mayor and Members of the City Council 3AFP ^�+ �� �
FROM: Olufemi Folarin, City Manager"
Robert Duffy, Deputy Chief of police
SUBJECT: Acceptance of a Grant from the Illinois Criminal Justice Information Authority
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of City Council with
information to consider acceptance of a grant from the Illinois Criminal Justice Information
Authority to supplement the purchase of Mobile Data Terminals used in public safety vehicles.
RECOMMENDATION
It is recommended that the City Council authorize a resolution accepting the grant from the
Illinois Criminal Justice Information Authority (ICJIA) in the amount of $11,390.00 to
supplement the purchase of Mobile Data Terminals used in public safety vehicles.
BACKGROUND
The City of Elgin Police and Fire Departments have mobile data terminals mounted in all
marked vehicles in order to allow communications between themselves and the Emergency
Dispatch Center. The Police units can also use the terminals for retrieving various State data
bases for driving records and other available information.
This is a reimbursement grant which will afford the City the ability to maintain the Mobile Data
Terminal program in a fiscally appropriate manner by utilizing Federal Grant money to assist in
the purchase of expensive necessary equipment used in the delivery of public safety services to
the citizens of Elgin.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
Acceptance of ICJIA Grant
January 26, 2006
Page 2
1 FINANCIAL IMPACT
p f
The ICJIA grant will total $11,390. Grant funds will be directed into the Riverboat Fund,
account number 275-000-503.30-00, "Federal Grants /ICJA/Mobile DataTerminals," project
number 239621, and be used to purchase Mobile Data Terminals as outlined in an associated
Committee of the Whole agenda item.
.WW.,A.L4MI)ACT
None
ALTERNATIVE
1. The City could choose to accept the Grant from the ICJIA
2. The City could choose not to accept the Grant from the ICJIA
4 Respectfully submitted for Council consideration.
rd
Attachment