HomeMy WebLinkAbout13-124 Resolution No. 13-124
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH KANE COUNTY FOR CONTRACT SERVICES TO SUPPORT
THE CITY OF ELGIN IN THE IMPLEMENTATION OF THE KANE
COUNTY DATA EXCHANGE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement with Kane County on behalf of the City
of Elgin for contract services to support the City of Elgin in the Implementation of the Kane
County Data Exchange Project, a copy of which is attached hereto and made a part hereof by
reference.
BE IT FURTHER RESOLVED that David J. Kaptain, Mayor and Kimberly A. Dewis,
City Clerk, be and are hereby authorized and directed to e*ecute an Addendum to Agreement
with Kane County on behalf of the City of Elgin regarding the Kane County Data Exchange
Project, a copy of which is attached hereto and made a part hereof by reference.
s/Dajvid J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2013
Adopted: July 24, 2013
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF ELGIN AND KANE COUNTY FOR CONTRACT
SERVICES TO SUPPORT THE CITY OF ELGIN IN THE
IMPLEMENTATION OF THE KANE COUNTY DATA EXCHANGE PROJECT
THIS AGREEMENT is hereby made and entered into this 24 day of July ,
2013, by an between the City of Elgin, Illinois, an Illinois municipal corporation
(hereinafter referred to as the "City") and Kane County, Illinois (hereinafter referred to
as the "County"), an Illinois unit of County government;
WHEREAS,the City has been awarded a Justice Assistance Grant by the Illinois
Criminal Justice Information Authority in the amount of$311,157 for the purposes of
implementing the Kane County Data Exchange Project; and
WHEREAS,the City desires to contract with the County to assist them in the
development and implementation of the technology necessary to implement the Kane
County Data Exchange Project; and
WHEREAS, Article 7, Section 10 of the Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1 provide for the joint exercise by two
or more units of local government of any power common to them;
WHEREAS,the City and the County desire to mutually cooperate to share their
expertise and resources to implement the Kane County Data Exchange Project;
NOW THEREFORE BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. The County shall provide all of the services necessary to support the City in the
implementation of the Kane County Data Exchange Project. The specific services
to be performed by the County are more fully set out in the attached Statement of
Work attached hereto and made a part hereof as Exhibit A.
2. The City shall pay to the County the total sum of$311,157.00 for the performance
of the work of this agreement by the County. The payments of these funds shall
be made to the County based on the submission by the County of invoices for
work completed and according to the fiscal disbursement and request form
process specified by the Illinois Criminal Justice Information Authority.
3. The City and the County shall each designate a Project Contact person who shall
be responsible for the exchange of information and the management of the
project.
KANE COUNTY/City of Elgin Agreement/Intergovernmental Agreement/110463
4. Should, during the term of this Agreement,the City lose the grant funds provided
to support the implementation of the Kane County Data Exchange Project, the
City shall immediately advise the County. The County shall be entitled to be paid
for all work actually done on the project up to the point of notification by the
City. The County shall have no further claim for payment on the basis on any
uncompleted work or the completion of the project as a whole.
5. This Agreement shall terminate upon completion and acceptance of the project by
the City.
6. The County agrees to fully comply with the terms of the attached ADDENDUM
TO AGREEMENT which is attached hereto and made a part hereof as Exhibit B
as required by the Illinois Criminal Justice Information Authority and federal
government.
7. The parties to this Agreement hereby covenant and agree that each shall not sue,
institute, cause to be instituted or permit to be instituted on its behalf, or by or on
behalf of its past, present or future officials, officers, employees, attorneys, agents
or assigns, an proceeding or other action with or before any local, state and/or
federal agency, court or other tribunal, against the other party, its board members,
officers, commissioners, employees, attorneys, agents or assigns, arising out of, or
from, or otherwise relating, directly or indirectly, to this Agreement to the extent
authorized by law.
8. The parties hereby release and agree that each shall indemnify and hold harmless
the other party and all of its present, former and future officers, including board
members, commissioners, employees, attorneys, agents and assigns from and
against any and all losses, liabilities, damages, claims, demands, fines, penalties,
causes of action, costs and expenses whatsoever, excluding attorneys' fees and
court costs, present or future, known or unknown, sounding in law or equity that
arise out of or from or otherwise relate, directly or indirectly,to this Agreement or
the Kane County Data Exchange Project, including, but not limited to any injury
or damage caused by the failure of the Kane County Data Exchange Project to
function properly or to operate as designed.
9. All notices required to be given regarding this Agreement shall be in writing and
addressed to the parties at their respective addresses set forth below. All such
notices shall be deemed duly given if personally delivered, or if deposited in the
United States mail, registered or certified return receipt requested, or upon receipt
of facsimile transmission.Notice given as provided herein does not waive service
of summons or process.
KANE COUNTY/City of Elgin Agreement/Intergovernmental Agreement/110463
City of Elgin Kane County
Kristie Hilton Roger Fahnestock
Elgin Police Department Kane County
151 Douglas Avenue 719 S. Batavia Avenue
Elgin, Illinois 60120 Geneva, Illinois 60134
10. This Agreement may be amended upon the written agreement of the City and the
County.
11. This Agreement constitutes the entire agreement of the City and the County with
respect to the subject matter hereof and supersedes all other prior and
contemporary agreements, understandings, representations, negotiations and
commitments between the City and the County with respect to the subject matter
of this Agreement.
WHEREFORE,the parties have signed and executed this Agreement as of the
date written below in the County of Kane, State of Illinois.
CITY 0 ELGIN KANF O -NTY
Al:Le k
David J. K.stain, i ayor
ATTEST: DATE:
diA4 AU42$
City Clerk
DATE: July 24, 2013
KANE COUNTY/City of Elgin Agreement/Intergovernmental Agreement/110463
VII8IHX3
City of Elgin on behalf of the Elgin Police Department
Information Sharing Initiatives
Agreement#809068
Exhibit A
Process Objective Performance Measure
Execute interagency agreement between the Elgin • Execution of the agreement
Police Department and Kane County
Submit sole source justification and draft vendor • Approval of sole source procurement
contract to the Authority for approval • Approval and execution of vendor contract
Establish interagency agreement and project • Execute memoranda of understanding
oversight among cooperating agencies among participating agencies
• Form interagency oversight committee
Provide information management system to • Purchase four site licenses
Wayne, Pingree Grove, South Elgin and Campton • Install information system at four
Hills Implement
• Train four agencies
Establish data sharing framework at Kane county • Date connections are established between
facility Kane County and 12 local agencies
Establish data sharing mechanism for the Elgin • Purchase and implement one enterprise
Police Department service bus at the Elgin Police Department
Establish necessary firewalls and small form-factor • Purchase and install 5 firewalls and 10
pluggable modules necessary for project success small form-factor pluggable modules
Establish reporting and dashboard licenses for • Purchase and install data analysis license
system users for Elgin
Data exchange functionality available to • Date data exchange functionality is
participating agencies available to all participating agencies
Performance Assessment:
Each department will continue to warehouse their own data, but provide data accessibility to
other agencies. Each agency will be responsible for auditing their data quality, as well as for the
analysis, management, collection and reporting of that data. Standard reports will be available
that could enable agencies to retrieve set data parameters from one another.
Each agency will continue to collect input from users as to how to improve data collection,
management, analysis and reporting. Using non-grant funding, each cooperating department will
enter into maintenance agreements that will provide for ongoing software updates identified
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through this process so that the cooperating agencies can continue to refine the exchange of data
across departments.
Implementation approach:
The proposed program will achieve the stated goals and objectives through new software that
will provide a web query capability to the agencies serviced by similar but disconnected records
management systems. The web query capability will allow agencies to share information via a
private network infrastructure providing secure and reliable access to records information from
multiple agencies that do not currently share records. The web query software and services
allow for agencies to connect to specific records information such as subjects, persons, and
reports that are now communicated between agencies via traditional mail or fax.
The proposed system will create an efficient means of researching or reviewing reports for both
the public safety professionals and other agencies such as the State's Attorney's Office and
Public Defender's Office regarding police reports and supplemental reports. Additionally, the
agencies will be able to review incidents in surrounding communities. The result of this new
ability to share information will be improved accessibility to police records and information
throughout the supported agencies and offices.
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Maintenance and Post-Project Funding:
Upon completion of the grant period, each agency will be responsible for maintaining their data
solutions.
Implementation Schedule:
Task Month Month Personnel responsible
Started completed
Complete Network Infrastructure and Month I Month 2 Program Administrator&
Connectivity - Firewalls and Staff
Interfaces
Purchase software licensing and Month 1 Month 2 Program Administrator&
implementation services Staff
Deploy& Implement Aegis Link Month 2 Month 4 Vendor& Program
Web Query Software and Servers Administrator
Implement Records Management Month 2 Month 3 Vendor& Program
Systems (RMS) for 4 small Administrator
municipalities
Implement Microsoft BizTalk Server Month 2 Month 3 Vendor& Agency
(Elgin)
Implement Decision Support software Month 2 Month 3 Vendor& Agency
(Elgin)
Implement electronic ticket interface Month 2 Month 3 Vendor& Agency
(Elgin to Kane County)
Configure Data Connectors to for Month 2 Month 3 Vendor&
agencies Program
Administrator
Test and Validate Connectors and Month 2 Month 3 Vendor& Agencies
Web Query Functionality
Deploy Client to Agencies Month 2 Month 3 Vendor& Agencies
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ADDENDUM TO AGREEMENT
The City of Elgin,hereafter referred to as the"Implementing Agency" and Kane County,hereafter referred
to as the"CONTRACTOR",agree to adhere to and comply with the following terms and conditions,as an
addendum to,and in the performance of,the agreement to which these provisions are attached.
SECTION 1 INDEPENDENT CONTRACTOR
The CONTRACTOR, in the performance of this agreement, shall act as an independent contractor and not as
an agent or employee of the Illinois Criminal Justice Information Authority(Authority)Authority or the
Implementing Agency. The Authority shall not be responsible for the performance, acts or omissions of the
Contractor.The CONTRACTOR shall be liable, and agrees to be liable for,and shall indemnify, defend and
hold the Authority harmless for all claims, suits,judgments and damages arising from the performance of this
agreement,to the extent permitted by law.
SECTION 2 TRANSPARENCY ACT COMPLIANCE
The CONTRACTOR agrees to comply with any and all requirements of 2 C.F.R. §33.200 that are imposed on
recipients of federal funds by the Federal Funding Accountability and Transparency Act of 2006.The
CONTRACTOR agrees to comply with the following:
a)To acquire and use a DUNS(Data Universal Numbering System)number. The DUNS number shall be procured
from Dun and Bradstreet, Inc online at www.dunandbradstreet.com or by calling 1-866-705-5711.
CONTRACTOR'S DUNS Number: 01-0221786
b)To maintain a current registration in the Central Contractor Registration(CCR)database. The CONTRACTOR
must update or renew their CCR registration at least once per year to maintain an active status. Information about
registration procedures can be accessed at www.ccr.gov or by calling 1-888-227-2423.
CONTRACTOR'S CCR registration is valid until: May 20,2014
c)The CONTRACTOR shall provide their Commercial And Government Entity(CAGE)Code. The CAGE Code
request process is incorporated into the CCR registration.
CONTRACTOR'S CAGE Code: 48YE2
d)The CONTRACTOR further agrees that all agreements entered into with subcontractors,shall require
compliance by the subgrantee or contractor with the Federal Funding Accountability and Transparency Act of 2006
and all requirements of 2 C.F.R. §33.200 including obtaining a DUNS number and maintaining registration with the
CCR.
e)The acquisition of a DUNS number and registration with the CCR database is not required of contractors and
subcontractors who are individuals.
Updated August 3,2011 Page 1
SECTION 3 RECORD RETENTION:
CONTRACTOR agrees to retain financial and program records for a minimum of 3 years after the expiration
date of this agreement, or 3 years after closure of CONTRACTOR's most recent audit report,whichever is
later. CONTRACTOR shall maintain, for this 3-year period, adequate books, records, and supporting
documents to verify the amounts,recipients, and uses of all disbursements of funds passing in conjunction with
this agreement;the agreement and all books,records,and supporting documents related to the agreement shall
be available for review and audit by the Auditor General, federal awarding agency personnel,the Authority,or
any person duly authorized by the Authority; and CONTRACTOR agrees to cooperate fully with any audit
conducted by the Auditor General,the federal awarding agency,the Authority or any person duly authorized by
the Authority, and to provide full access to all relevant materials. Failure to maintain the books,records, and
supporting documents required by this Section shall establish a presumption in favor of the State for the
recovery of any funds paid by the State under the agreement for which adequate books,records,and supporting
documentation are not available to support their purported disbursement.
Records shall be maintained beyond the 3-year period if any litigation, claim, audit, fiscal review, negotiation,
or other action involving the records has been started before the expiration of the above three-year period; in
such cases,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. In addition, the CONTRACTOR
understands and agrees that the Department of Justice (DOJ) , inchiding the Office of Justice Programs (OJP),
Office of the Inspector General (OIG) and its representatives, and the Government Accountability Office
(GAO) are authorized to interview any officer or employee of the CONTRACTOR regarding transactions
related to the Recovery Act Award. Furthermore, DOJ and GAO are authorized to interview subgrantees,
contractors and subcontractors regarding transactions related to this award.
SECTION 4 CERTIFICATION:
CONTRACTOR certifies that it has not been barred from contracting with a 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.
SECTION 5 EQUIPMENT CONDITIONS:
CONTRACTOR certifies that any equipment purchased using funds from this agreement shall be year 2000
compliant and shall be able to process all time/date data after December 31, 1999.
SECTION 6 ELIGIBILITY FOR EMPLOYMENT IN THE UNITED STATES:
CONTRACTOR shall complete and keep on file, as appropriate,the Immigration and Naturalization Service
Employment Eligibility Form (1-9). This form shall be used by CONTRACTOR to verify that persons
employed by CONTRACTOR are eligible to work in the United States.
SECTION 7 NONDISCRIMINATION:
The CONTRATOR 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
agreement on the basis of race, color, age, religion, national origin, disability, or sex. The Implementing
Agency agrees to have written sexual harassment policies which satisfy the requirements set forth in the Illinois
Human Rights Act. (775 ILCS 5).
National origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To
ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to
ensure that LEP persons have meaningful access to programs. Meaningful access may entail providing
language assistance services, including oral and written translation when necessary.
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Faith-Based and Community Organizations that statutorily qualify as eligible applicants under OJP programs
are invited and encouraged to apply for assistance awards and will be considered for awards on the same basis
as any other eligible applicants and, if they receive assistance awards, will be treated on an equal basis with all
other grantees in the administration of such awards. No eligible applicant will be discriminated against on the
basis of its religious character or affiliation, religious name,or the religious composition of its board of
directors or persons working in the organization.
The CONTRACTOR assures compliance with the following laws, and all associated rules and regulations:
- Non-Discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,42
U.S.C. 3789d(c);
- Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C. 2000d;
- Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons(Federal Register,June 18, 2002, Volume 67,
Number 117, Page 41455-41472); and Executive Order 13166 Limited English Proficiency Resource
Document: Tips and Tools from the Field;
- Section 504 of the Rehabilitation Act of 1973,as amended, 29 U.S.C. 794;
- The Americans with Disabilities Act,42 U.S.C. 12132 et seq.;
- Title IX of the Education Amendments of 1972, 20 U.S.C. 1681;
- The Age Discrimination Act of 1975, 42 U.S.C. 6102;
- The Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, subparts C, D, E, and G;
- The Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39;
The Department of Justice regulations on sex discrimination in education programs, 28 C.F.R. 54;
- The Illinois Human Rights Act, 775 ILCS 5;
- The Public Works Employment Discrimination Act, 775 ILCS 10;
- The Illinois Environmental Barriers Act,410 ILCS 25.
- The Equal Treatment for Faith-Based Organizations, 28 C.F.R. Part 38
All applicable provisions,rules and regulations of these Acts are made a part of this agreement by reference as
though set forth fully herein.
In the event that a Federal or State court or administrative agency makes a finding of discrimination after a due
process hearing on the grounds of race,color, age, religion, national origin, disability, or sex against the
CONTRACTOR,or any subgrantee or contractor of the CONTRACTOR,the CONTRACTOR will forward a copy
of the finding to the Authority. The Authority will forward a copy of the finding to the Office for Civil Rights,
Office of Justice Programs.
SECTION 8 CONFIDENTIALITY OF INFORMATION:
To the extent permitted by Illinois state law, including the Illinois Freedom of Information Act, 5 ILCS 140/1 et
seq., CONTRACTOR agrees not to use or reveal any research or statistical information furnished under this
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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 applicable federal legislation, regulations and
guidelines. 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.
SECTION 9 PROCUREMENT REQUIREMENTS/CONFLICT OF INTEREST:
All procurement transactions shall be conducted by the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR must solicit quotes or bids from at least three
sources.
• For procurements over $100,000, the CONTRACTOR must formally advertise the proposed procurement
through an Invitation for Bids(1FB), or a Request for Proposals(RFP)process.
All procurements over $100,000, that involve the use of federal or matching funds, must be submitted by the
Contractor to Implementing Agency and 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 approval prior to its issuance. In addition, the
CONTRACTOR shall notify and submit for approval to the Authority any other relevant procurement documents
including but not limited to Request For Information(RFI).
As required by the Authority, the CONTRACTOR shall submit documentation regarding its procurement
procedures and grant-funded purchases for Authority review and approval,to assure adherence to applicable federal
guidelines.
SECTION 10 APPLICABLE LAW:
CONTRACTOR shall operate in conformance with the following State and federal laws and guidelines,
currently in effect and hereafter amended, when applicable: federal legislation, regulations and guidelines
regarding the applicable federal grant program; the Office of Justice Programs' Financial Guide; Office of
Management and Budget Circulars A-21, A-87, A-102, A-110, A»122, and A-133; the Illinois Grant Funds
Recovery Act (30 ILCS 705); Illinois Procurement Code (30 ILCS 500); the State Comptroller Act (15 ILCS
405); the U.S. Department of Justice Regulations Governing Criminal History Record Information Systems(28
CFR Part 20.1 et seq.); the U.S. Department of Justice Regulations Governing Confidentiality of Identifiable
Research and Statistical Information (28 CFR Part 22.1 et seq.); the U.S. Department of Justice Regulations
Governing Governmentwide Debarment and Suspension (28 CFR Part 67.100 et seq.) and the rules of the
Authority(20 111. Adm. Code 1520 et seq.).
CONTRACTOR shall comply with all applicable laws, regulations, and guidelines of the State of Illinois, the
Federal Government and the Authority in the performance of this agreement, currently in effect and hereafter
amended, including but not limited to: the provisions of 28 CFR applicable to grants and cooperative
agreements including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal
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Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs
and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 46,
Protection of Human Subjects; Part 61, Procedures for Implementing the National Environmental Policy Act;
Part 63, Floodplain Management and Wetland Protection Procedures; and Part 67, Governmentwide Debarment
and Suspension (Nonprocurement); provisions of 48 CFR regarding federal acquisition principles, including
Part 31, Contract Cost Principles and Procedures; Section 8136 of the Department of Defense Appropriations
Act of 1988 (P.L. 100-463, effective October 1, 1988); National Environmental Policy Act of 1969, 42 U.S.C.
pars. 4321 et seq.; National Historic Preservation Act of 1966, 16 U.S.C. pars. 470 et seq.; Flood Disaster
Protection Act of 1973, 42 U.S.C. pars 4001 et seq.; Clean Air Act of 1970,42 U.S.C. pars. 7401 et seq.; Clean
Water Act, 33 U.S.C. pars. 1368 et seq.; Executive Order 11738; and EPA regulations (40 CFR Part 15);
Federal Water Pollution Control Act of 1948, as amended, 33 U.S.C. pars. 1251 et seq.; 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.; 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.; and E.O.
11246 "Equal Employment Opportunity," as amended by E.O. 11375, and supplemented by regulations at 41
CFR Part 60.
Failure of CONTRACTOR to comply with applicable laws, regulations, and guidelines may result in the
suspension or termination of this agreement,or pursuit of other remedies that may be legally available.
SECTION 11 CERTIFICATIONS REGARDING DEBARMENT AND A DRUG-FREE WORKPLACE:
As required by the Authority, CONTRACTOR shall complete and submit the federal 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.
SECTION 12 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, CONTRACTOR 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, CONTRACTOR will provide to the Authority a Certification
Regarding Lobbying and, if applicable, a Disclosure of Lobbying Activities form signed by the subcontractor.
CONTRACTOR must provide these certifications and disclosures as required by the Authority.
SECTION 13 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 CONTRACTOR 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.
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SECTION 14 COPYRIGHTS,PATENTS:
If this agreement results in a copyright, the Illinois Criminal Justice Information Authority and the federal
awarding agency, 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
CONTRACTOR shall immediately notify the Implementing Agency, and the Implementing Agency shall
notify the Authority. The Authority will provide the Implementing Agency and CONTRACTOR with further
instruction on whether protection on the item will be sought and howl the rights in the item will be allocated and
administered in order to protect the public interest, in accordance with federal guidelines.
SECTION 15 PUBLICATIONS:
CONTRACTOR shall submit to the Implementing Agency, and the Implementing Agency shall submit to the
Illinois Criminal Justice Information Authority for review,a draft of any publication that will be issued by
CONTRACTOR 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.
Any such publication shall contain the following statement:
"This project was supported by Grant#2009-SU-B9-0055,awarded by the Bureau of Justice Assistance,Office of
Justice Programs,U.S.Department of Justice,through the Illinois Criminal Justice Information Authority.Points of
view or opinions contained within this document are those of the author and do not necessarily represent the official
position or policies of the U.S.Department of Justice,or the Illinois Criminal Justice Information Authority."
These publication requirements pertain to any written, visual or sound publication, but are inapplicable to press
releases, newsletters and issue analyses. Exceptions to these requirements may be granted upon prior Authority
approval,
SECTION 16 INSPECTION AND AUDIT:
If required by revised Office of Management and Budget Circular A-133 "Audits of States, Local
Governments, and Non-Profit Organizations," CONTRACTOR agrees to provide for an independent audit of its
activities in accordance with A-133. Such audits shall be made annually, unless A-133 allows CONTRACTOR
to undergo biennial audits. All audits shall be conducted in accordance with Government Auditing Standards,
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 Implementing Agency
and the Implementing shall submit to the Authority no later than 9 months after the close of the
CONTRACTOR'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.
CONTRACTOR 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 data and
records required by the Authority and all other program activity.
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The Authority shall have access for purposes of monitoring, audit and examination to all relevant books,
documents, papers, and records of CONTRACTOR, and to relevant books, documents, papers and records of
subcontractors.
SECTION 17 REPORTING GRANT IRREGULARITIES
The Contractor shall promptly notify the Authority through their Authority Grant Monitor when an allegation is
made,or the Contractor otherwise receives information, reasonably tending to show the possible existence of any
irregularities or illegal acts in the administration of grant funds. The Authority, per its agency policy, shall
determine the reasonableness of the allegation of the irregularities or illegal action and determine the appropriate
course of action. Possible actions would include conducting an internal audit or other investigation or contacting the
proper authorities. Illegal acts and irregularities shall include but are not limited to such matters as conflicts of
interest,falsification of records or reports both data, fiscal and programmatic, and the misappropriation of funds or
other assets.
A copy of the Authority's policy is available on the web at http://wwvk,w.ic�ia.state.iLus/public/.
Failure to report known irregularities can result in suspension of the Interagency Agreement or other remedial
action. In addition, if the Contractor's auditor or other staff becomes aware of any possible illegal acts or other
irregularities prompt notice shall be given to the Contractor's director or similarly situated personnel. The
Contractor,in turn, shall promptly notify the Authority as described above of the possible illegal acts or
irregularities. If the possible misconduct involves the CONTRACTOR's director,the CONTRACTOR staff
member shall provide prompt notice directly to the Authority.
In addition,the Authority, if in its judgment there is a reasonable allegation of irregularity or illegal act, shall
inform the Office of Justice Program's Office of the Comptroller,the Department of Justice's Office of
Professional Responsibility and the Office of Inspector General, and state and local law enforcement agencies or
prosecuting authorities,as appropriate, of any known violations of the law within their respective area of
jurisdiction.
The reporting of any irregularities, illegal acts and the proposed or actual corrective action shall be reported to the
Authority at:
Illinois Criminal Justice Information Authority
Attn: Grant Monitor
300 W. Adams Suite 700
Chicago, IL 60606
Phone: 312-793-8550
SECTION 18 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
Pursuant to 28 CFR Part 42(Nondiscrimination; Equal Employment Opportunity; Policies and Procedures), except
those recipients specifically exempted by 28 CFR Part 42.302(c), if the CONTRACTOR has 50 or more
employees, is receiving more than$25,000 or more under the Omnibus Crime Control and Safe Streets Act, and has
a service population with a minority representation of 3 percent or more,the CONTRACTOR shall formulate,
implement and maintain an equal employment opportunity program relating to employment practices affecting
minority persons and women.
The CONTRACTOR shall complete and submit an EEO Plan Certification to the Authority. This Certification
shall indicate if the CONTRACTOR is required to have an EEO Plan or if the CONTRACTOR is exempt from this
requirement. If required by this section,the CONTRACTOR certifies that an equal employment opportunity
program will be in effect during the period of performance of this agreement. In addition, a CONTRACTOR
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receiving$500,000 shall submit a copy of its equal employment opportunity plan to the Implementing Agency and
the Implementing Agency shall submit to the Authority.
The CONTRACTOR acknowledges that failure to submit an acceptable EEO Plan, if required by this section, is a
violation of this agreement and may result in suspension or termination of funding, until such time the
CONTRACTOR is in compliance.
SECTION 19 RECOVERY ACT SPECIAL CONDITION-RECOVERY ACT REPORTING
The reporting elements and requirements listed here are in addition to those requirements listed in Section 11. If
agreement calls for the use of contractors, subcontractors or subgrantees,the CONTRACTOR shall gather from
same the required data elements, listed below, and shall submit these reports as part of its own report.
The CONTRACTOR agrees to electronically submit the below listed data elements, in an Authority approved
report,no later than five(5)days after the end of each month.
The Authority shall supply a separate and distinct reporting form, for the Recovery Act reporting requirements. The
form shall be submitted to the CONTRACTOR's assigned grant monitor electronically within five(5)days of the
end of the month. If the Authority develops a secured,web-based reporting system,the CONTRACTOR shall
report in this manner.
The CONTRACTOR agrees to report on the following elements:
1) The total amount of recovery funds received under the grant;
2) The amount of recovery funds that were expended on projects and activities;
3) The amount of recovery funds that were obligated on projects and activities;
4) A detailed list of all projects and activities in which funds were either expended or obligated and the details
shall include:
A. The name of the project or activity;
B. A description of the activity;
C. An evaluation of the completion status of the project or activity,and;
D. An estimate of the number of jobs created and/or jobs retained by the project or activity.
SECTION 20 RECOVERY ACT SPECIAL CONDITIONS-REPORTING POTENTIAL FRAUD,
WASTE OR SIMILAR MISCONDUCT.
The Contractor shall promptly refer to the Authority's Grant Monitor,assigned to the grant,and the Department of Justice
Office of Inspector General(OIG)any credible evidence that a principal,employee, agent,contractor,subcontractor,or
subgrantee has either submitted a false claim for Recovery Act funds in violation of the False Claims Act or committed a
criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity or similar misconduct involving
Recovery Act funds.
Potential fraud,waste,abuse or misconduct shall be reported to the Authority by mail at:
Illinois Criminal Justice Information Authority
Attn:Grant Monitor
300 W.Adams Suite 700
Chicago, IL 60606
Phone:312-793-8550
Potential fraud,waste,abuse or misconduct shall be reported to OIG by mail or e-mail at:
Office of the Inspector General
U.S.Department of Justice
Investigation Division
950 Pennsylvania Ave,N.W.Room 4706
8
,
Washington. D.C.20530
E-mail:oig.hotline@usdoj.gov Phone: 1-800-869-4499 Fax:(202)616-9881
Website: http://www.usdoj.gov/oig/
SECTION 21 RECOVERY ACT SPECIAL CONDITIONS-WHISTLEBLOWERS PROTECTION
The CONTRACTOR understands that the Recovery Act provides certain protections against reprisals for
employees of non-federal employees who disclose information believed to be evidence of gross management,gross
waste,substantial and specific danger to public health or safety, abuse of authority, or violations of law related to
contracts or grants using Recovery Act funds.
SECTION 22 RECOVERY ACT SPECIAL CONDITIONS—MISUSE OF FUNDS
The CONTRACTOR agrees and understands that the misuse of may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal grants,recoupment of monies
provided under an award,and civil and/or criminal penalties.
SECTION 23 RECOVERY ACT SPECIAL CONDITIONS- ONETIME FUNDING
The CONTRACTOR understands and agrees that awards under the Recovery Act shall be one-time awards and
accordingly that its proposed project activities or expansion of project activities and deliverables are to be
accomplished without additional Authority funding.
SECTION 24 RECOVERY ACT SPECIAL CONDITIONS- CONFLICT WITH OTHER STANDARD
TERMS AND CONDITIONS
The CONTRACTOR understands and agrees that all other terms and conditions contained in this award,or in
applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and
conditions included here that specifically implement the Recovery Act (Public Law 111-5). CONTRACTOR shall
be responsible for contacting its grant managers for any needed clarifications.
SECTION 25 RECOVERY ACT SPECIAL CONDITIONS-ADDITIONAL REQUIREMENTS AND
GUIDANCE
The CONTRACTOR agrees to comply with any modifications or additional requirements that may be imposed by
law and future Office of Justice Programs guidance or clarification of the Recovery Act.
SECTION 26 RECOVERY ACT SPECIAL CONDITION- SEPARATE TRACKING AND REPORTING
The CONTRACTOR agrees to track,account for and report separately on Recovery Act funds(including specific
outcomes and benefits attributable to Recovery Act funds)from all other funds, including other DOJ funds awarded
for the same or similar purposes. In addition,the CONTRACTOR's accounting system must ensure that award
money is not commingled with funds from any other source. Recovery Act funds may be used in conjunction with
other funds as necessary to complete projects,but tracking and reporting of the Recovery Act Funds must be
separate. Furthermore, all personnel whose activities are charged to the grant shall maintain separate timesheets to
document hours worked for activities related to this award and non-award related activities.
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ACCEPTANCE OF ADDENDIJM
The Implementing Agency and CONTRACTOR agree to adhere to nd comply with the above terms and
conditions,as an addendum to,and in the performance of,the agree ent to which these provisions are
attached.
CIT OF ELGIN ATTEST:
adVA0/114
David J. Kaptain, 1;0(-or City Clerk
Authorized representative of the Implementing Agency Date July 24, 2013
a...Ls.' l3
Authorized representative of the C TRACTOR Date
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