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85-0619 PIMS ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY 1119tC?041,y� 120 South Riverside Plaza Chicago, Illinois 60606 (312) 793-8550 June 24 , 1985 Sgt. Robert Call Elgin Police Department 150 Dexter Court Elgin, Illinois 60120 Dear Sgt. Call, Enclosed please find your fully executed copy of the State Fiscal Year (SFY) 1986 PIMS contract. Please note that we have corrected a typographical error in Section 12 of the contract. In the last sentence of the first paragraph, the original contract read "as reflected in Section 7" when in fact it should have read "as reflected in Section 11 " . On behalf of the entire PIMS staff, I am again looking for- ward to working with you and your entire department during the next year and hope that our relationship will continue to be mutually beneficial . Thank you for your ongoing support and cooperation and please let me know if you have any questions. Sincerely, Stephen F. Tapke PIMS Project Director Enclosure AN AGREEMENT BETWEEN POLICE DEPARTMENTS ELECTING TO PARTICIPATE IN THE POLICE INFORMATION MANAGEMENT SYSTEM PROGRAM AND THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY This agreement is entered into by the Illinois Criminal Justice Information Authority (hereinafter referred to as "the Authority") and the City of Elgin on behalf of its Police Department (hereinafter referred to as "Police Department") on the effective date hereinafter set forth. WHEREAS, Ill. Rev. Stat. Ch. 38, par 210-7(a) provides that the Authority is empowered to develop and operate comprehensive in- formation systems for the improvement of all aspects of law en- forcement, prosecution, and corrections ; and WHEREAS, Ill. Rev. Stat. Ch. 38, par. 210-7(b) provides that the Authority is empowered to define, develop, and correlate State and local programs and projects associated with the improvement of law enforcement and the administration of justice; and WHEREAS, Ill. Rev. Stat. Ch. 38, par. 210-7(m) authorizes the Authority to enter into contracts and to cooperate with units of general local government or combinations of such units , State agencies, and criminal justice agencies of other states for the purpose of carrying out the duties of the Authority imposed by this Act or by the federal Crime Control Act of 1973, as amended; and WHEREAS , Ill . Rev . Stat . Ch. 38, par. 210-7(r) permits the Authority to exercise any other powers that are reasonable and necessary to fulfill the responsibilities of the Authority under this Act and to comply with the requirements of applicable federal law or regulation; and WHEREAS, the Illinois Law Enforcement Commission provided funds under a grant entitled "Police Information Management System" for the development of a Police Information Management System Program (hereinafter referred to as PIMS) to provide data processing services to many police departments within the State of Illinois; and WHEREAS, the Authority intends to operate PIMS to provide data processing services on a subscription basis to user police departments within the State of Illinois; NOW, THEREFORE , BE IT AGREED BY AND BETWEEN THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY AND THE ELGIN POLICE DEPARTMENT AS FOLLOWS: Section 1 . Services to be Furnished. PIMS will provide data processing services that will assist Police Department in the performance of its criminal justice function. The Authority will design, develop, and operate the computer programs that are necessary for the operation of PIMS. PIMS will be a permanent program of the Authority and new com- ponents shall be developed. Any such components developed for PIMS shall be available to Police Department after necessary test phases have been completed. Applications include access to LEADS (Law Enforcement Agencies Data System) , automatic UCR ( Uniform Crime Report ) capability, arrest module, complaint module, general report module and portions of the management report module that relate to these other modules. Improvements to these modules and new modules , such as crime analysis, will be scheduled by the Authority with the advice of the PIMS Advisory and Policy Board, as described in Section 2. Section 2. PIMS Advisory and Policy Board. There shall be a PIMS Advisory and Policy Board (PAPB) consisting of the chief of each subscriber police department, or his designee. The PAPB shall cooperate with the Authority to develop policies for the operation and use of PIMS and to identify priorities for PIMS program development. Each member of the PAPB shall have one vote. The PAPB shall elect from its membership a chairman and such other officers as it may deem appropriate. The chairman shall call all meetings of the PAPB. Section 3. PIMS User 's Groups. There shall be PIMS user ' s groups, whose members shall be selected by the Authority from the subscriber police departments. These user groups shall as- sist the Authority in the design of the program to assure that PIMS specifications adequately conform to existing police department operations. Section 4. Standards and Guidelines . The PAPB may recommend to the Authority standards and guidelines necessary for the effec- tive operation of PIMS, and the Authority may promulgate stan- dards and guidelines based on such recommendations or on its own initiative. Police Department shall follow all such standards and guidelines. Police Department shall follow and be bound by all applicable State and federal laws and regulations, including rules and regulations of the LEADS Advisory and Policy Board in so far as LEADS service is accessed through PIMS. Police Department shall take appropriate action by instruction, agree- ment, or otherwise to so inform its employees. 2 The Authority shall notify Police Department of violations of PIMS policies and guidelines or federal or State laws or regula- tions . Police Department shall take action to correct such violations and provide assurance to the Authority that correc- tive action has been taken. Failure of Police Department to correct violations may result in suspension or limitation of PIMS service. Section 5. PIMS Manager. Police Department shall designate one person from Police Department to be the PIMS manager . The PIMS manager shall be the primary contact within Police Department for the Authority, with respect to Pims operations. Section 6. Ownership of Programs and Data. For the purposes of this contract, all data that are entered into PIMS by Police Department shall be deemed the property of Police Department . Data that are entered into the arrest module or the crime analysis module may be accessed by any PIMS subscriber department. All software and computer programs that are developed by the Authority will be copyrighted and, to the extent permitted by law , shall remain the property of the Authority. Police Department shall have an irrevocable license to use PIMS soft- ware and computer programs , without cost, so long as PIMS policies and this agreement are followed. Police Department may have copies of any data, programs, and software permitted by law to which it is entitled in this sec- tion. The Authority shall provide such copies without charge , except reasonable reproduction costs. Section 7. Security. The Authority shall at all times maintain procedures , provisions , conditions , and equipment for the security of its processing site . The Authority computer facility shall be under the direct control of Authority person- nel. The Authority shall provide reasonable physical security protection to guard against unauthorized access to the computer facility. Authority staff shall execute confidentiality agree- ments that delineate the importance of and the need for security and confidentiality of data and files maintained on the Authority computer. The confidentiality agreement will conform to State and federal laws and regulations. Section 8. Confidentiality. The Authority shall protect the confidentiality of all files and data entered by Police Department . Files and data that are entered by Police Department shall not be released by the Authority to any one without the express written permission of the Police Department. The Authority may use the data or files for processing services provided to Police Department. The Authority may use Police Department data to the same extent as could any other PIMS user, 3 and may use the data for research purposes in the aggregate, but such data may not be identifiable to any person or police department without the express permission of the Police Department. Police Department shall not provide or otherwise make available any licensed material including, but not limited to, computer programs or software, in any form, to any person without the prior written consent of the Authority. Police Department shall take appropriate action by instruction, agreement, or otherwise to so inform its employees. Section 9. Liability. Responsibility for the accuracy of data which are transmitted to PIMS is the sole responsibility of the subscribing PIMS police departments. The Authority shall have no liability of any kind for (a) damages caused by or arising out of the use of equipment or telecommunications lines located at Police Department, (b) for any damages caused by or arising out of the loss of data stored by the Authority, (c) for negligence with respect to any performance by the Authority un- der this agreement, or (d) any incidental, special, or con- sequential damages. Police Department shall indemnify and hold harmless the Authority for all errors , omissions , and liabilities that arise while the Authority is acting in the capacity of agent serving as custodian for and processing and storing data which Police Department has input into and/or removed from PIMS. Section 10. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such party. Such acts shall include, but not be limited to, ex post facto governmental regulations or laws, acts of God, strikes, riots, acts of war, epidemics, fire, communica- tions or power line failures, earthquakes, or other disasters. Section 11 . Police Department Equipment . It shall be the responsibility of Police Department to procure, support, main- tain, and pay for all computer equipment, telecommunications equipment and lines, and all other costs associated with connec- tion to the PIMS network. All such equipment and lines must be approved in advance by the Authority to assure compatibility with the Authority equipment. The Authority has arranged for Cook County police departments to lease, if they so elect, telecommunications lines, and in some cases , computer and telecommunications equipment from the Illinois Bell Telephone Company (hereinafter referred to as "Bell") through a contractual arrangement with the County of Cook, thereby benefiting from a 50 percent discount rate over regular Bell rates. Police Department shall be liable for all charges through this arrangement incurred on its behalf. Police Department shall be liable to both the Authority and the County 4 of Cook for any attorneys ' fees and other expenses and liquidated damages that may arise from this arrangement. It is understood that the Authority may only offer the Bell discount to the extent that it is available through the County of Cook. Section 12. Costs . Costs for PIMS are divided into two categories: operations and development. The Authority will as- sume the costs for development and agencies participating in the Authority operated programs will contribute a proportionate share of the costs of operating such programs . Police Department shall pay a user fee towards operating costs of $1650 .00 per month. User fees shall be paid for six month periods, and such payments shall be made at least 60 days before the start of the six month period , unless waived by the Authority. If Police Department is a Cook County police depart- ment that is leasing telecommunications lines through the Cook County/Bell arrangement, as reflected in Section 11 , then such charges shall be paid on the same schedule as the user ' s fee. The Authority shall maintain a trust fund that is derived from users fees contributed by PIMS police departments. Funds shall be reserved in the trust fund to replace, upgrade, and obtain data processing and related equipment required to operate PINS. Section 13. Training and User Documentation. The Authority shall provide training to the Police Department PIMS Manager . It shall be the responsibility of Police Department , through the PIMS Manager , to provide appropriate training to other staff of the Police Department. The Authority shall provide documenta- tion to Police Department to assist Police Department in using PIMS. Section 14. Term and Termination. This agreement shall be ef- fective on the date signed and shall remain in effect until June 30, 1986. User ' s fees shall be charged from the date of instal- lation of PIMS at Police Department through June 30, 1986. Section 15. Right to Succession. All rights and obligations of this contract shall remain in full force if the Authority is transferred to another agency, and that agency shall succeed to the contractual rights and obligations of the Authority as provided by law. Section 16. Amendment. No waiver , modification, or alteration of the provisions of this agreement shall be binding unless in writing and signed by duly authorized representatives of the parties. Section 17. Severability. If any provision of this agreement or the application thereof to any party or circumstance is held to be invalid, the validity does not affect other provisions or ap- plications of the agreement which can be given effect without the invalid provision or application, and to this end the provi- sions of this agreement are severable. IN WITNESS WHEREOF, the parties cause this agreement to be ex- ecuted by the proper officers and officials. 6,--- —r - "VA-- - di Z/7/‘s--- j Chairman, Illinois Criminal Date Justice Information Authority r,-- Ali i 0 a ,ii v giAl... (ID (/ (efs `Executi , - Direct' Illinois Criminal Date Ju formation Authority City anager/-Mzrgvr Date Po ice Chie Date 6