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98-70 Resolution No. 98-70 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF COOK AND THE SHERIFF OF COOK COUNTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the County of Cook and Sheriff of Cook County for LiveScan equipment, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 25, 1998 Adopted: March 25, 1998 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk coor 0 0 V G I Z i • PHONE (312) 603-6444 Sheriffs Office of Cook County, Illinois RICHARD J. DALEY CENTER, CHICAGO, IL 60602 MICHAEL F. SHEAHAN SHERIFF 18 August 1999 CABS Participants Re: CABS Intergovernmental Agreement Enclosed is an executed copy of the intergovernmental agreement between your municipality and the County of Cook for the provision of Criminal Apprehension and Booking System equipment and related services. This agreement was approved by the Cook County Board of Commissioners 4 August 1999. To date, fifty-one Live-Scan systems have been installed throughout Cook County. Most of systems are connected to the Bureau of Identification using the Illinois Criminal Justice Information Authority's ALECS system. We expect to begin installing the remaining departments in September. Ameritech has begun the final phase of the installation of the new Cook County wide area computer network. Once the network is completed, NEC engineers will begin installing the remaining Live-Scan equipment. Those of you who are ALECS users will migrate to the new Cook County network by 1 January 2000. Movement to the network will facilitate the use of the new CHRIS software and provide direct access to the criminal history records of the Chicago Police Department. Suburban police agencies will be able to print Chicago criminal history records at their arrest-booking terminal as well as access the new digital mugshot system of the Illinois State Police. Both of which are significant improvements for the Cook County law-enforcement community. Thank you for participating with the Cook County Sheriff's Office in this worthy project. Sincerely, OAA(Ped Arnold Miller Director CABS t'.'rem es,a.e rps f • INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK, ILLINOIS, THE SHERIFF OF COOK COUNTY, ILLINOIS, AND THE City of Elgin FOR THE PROVISION OF CRIMINAL APPREHENSION BOOKING SYSTEM EQUIPMENT AND RELATED SERVICES This AGREEMENT, is made and entered into on the !/ day of AUC,os-r , 199'x, by and between the COUNTY OF COOK, ILLINOIS (the "County") pursuant to its home rule powers as provided in Article VII, Section 6A of the 1970 Illinois Constitution and MICHAEL F. SHEAHAN, SHERIFF OF COOK COUNTY, ILLINOIS (the "Sheriff" ) and the City of Elgin (the "City/Village") . WHEREAS, the County through the Office of the Sheriff was awarded a federal grant (the "Grant Award") from the Community Oriented Policing Services Office of the United States Department of Justice for the purpose of funding the development and implementation of a County-wide Criminal Apprehensive Booking System ( "CABS") ; and WHEREAS, the City/Village has agreed to participate in the Sheriff ' s efforts by agreeing to become a partner in the Sheriff' s CABS consortium; and WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq. ) authorize and encourage intergovernmental cooperation; NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the sufficiency of which are hereby acknowledged, the County, the Sheriff and the City/Village agree as follows : SECTION 1 : DUTIES AND OBLIGATIONS OF THE COUNTY A. Procurement of Equipment and Technical Services 1 . The Sheriff issued a Request for Proposals for the procurement of the CABS equipment (the "Equipment") and technical services for the development and implementation of CABS . Based upon the Sheriff ' s review of the proposal responses, the Sheriff has determined that the proposal submitted by NEC Technologies, Inc. will serve the best interests of the County, the Sheriff and all partners in the CABS consortium. Pursuant to the Sheriff ' s recommendations, the County is entering into a contract with NEC Technologies, Inc . (the "Vendor") for the provision of 1 the CABS Equipment and technical services (the "Contract") . A copy of the Contract shall be provided to the City/Village upon request . 2 . In accordance with the terms and conditions set forth in the Contract, the County will procure, on behalf of the City/Village, the Equipment and technical services as set forth on Exhibit A of this Agreement . The Equipment shall conform to the requirements of the Federal Bureau of Identification, ANSI/NIST, and Illinois State Police standards so as to ensure interoperability with the State Identification Bureau and the Federal Bureau of Identification. Upon payment to the County by the City/Village as provided herein and installation of the Equipment by the Vendor, the City/Village shall be the owner of such Equipment . - 3 . The Contract allows the City/Village, at its sole cost and expense, to purchase additional items of Equipment and/or technical services directly from the Vendor on the same terms and conditions as set forth in the Contract . The City/Village shall be solely responsible for the cost of any additional items of Equipment or technical services desired by the City/Village. In the event that the City/Village procures additional items of Equipment and/or technical services directly from the Vendor, the City/Village shall provide the County with prior notice of such procurement so that the County can determine whether such additional procurement of Equipment may be accommodated on the Network and further so that the County can establish additional security measures that may be required. B. Provision of the CABS Computer Network The County shall provide all necessary hardware and software to operate a high speed backbone computer network (the "Network") which will allow the City/Village to transmit livescan fingerprints, digital photos and other information to other Cook County law enforcement agencies and the Illinois State Police . The Network will provide for connectivity to Cook County sites, such as the Office of the Circuit Court Clerk, the Chicago Police Department and the Cook County Department of Corrections . The Network shall also provide for connectivity to ISP sites in Joliet and Springfield. The County intends to have the Network fully operational by July, 1998 . The County shall be responsible for operating, maintaining and repairing the Network. In connection with the CABS Network, the County has entered into an Intergovernmental Agreement with the Illinois Department of State Police ("ISP") for the purpose of providing certain expert technical services and equipment . Pursuant to the ISP Agreement, 2 the ISP will : (i) design, development and implement a digital photographic archive system that will be used to store mug shots of arrestees and to provide access to these photographs by law enforcement agencies involved in the CABS consortium; and (ii) acquire and implement firewalls to protect the ISP' s communication networks and databases . Pursuant to the ISP Agreement, the County has been granted a license to the digital photograph archive system and firewalls . Such licenses are effective for as long as the digital archive system and firewalls are operated by the ISP . All obligations of the County pursuant to this Agreement shall be contingent upon the ISP completing their obligations under the County/ISP Intergovernmental Agreement. SECTION 2 : DUTIES AND OBLIGATIONS OF THE SHERIFF A. CABS Unit Services - - - The CABS Unit, which is staffed by Sheriff personnel, shall provide the following services to the City/Village: 1 . scheduling and facilitating installation of the Equipment within the City' s/Village ' s law enforcement facility; 2 . scheduling the training of the Equipment which shall be conducted by the Vendor in accordance with the specifications of the Contract; 3 . providing access to the Network twenty-four (24) hours per day, 365 days per year; 4 . arranging for warranty services to be provided to the City/Village directly by the Vendor where the CABS Unit cannot cure the Equipment failure or defect within eight (8) hours of the City/Village ' s notice of such failure or defect to the CABS Unit; and 5 . facilitating the provision of technical support assistance on a twenty-four hour per day, 365 days per year basis . Technical support assistance shall mean diagnostic, hardware and software problem resolution _ services related to conflict, failure or improper functioning of the Equipment . SECTION 3 : DUTIES AND OBLIGATIONS OF THE CITY/VILLAGE A. The City/Village shall be responsible for providing a safe and appropriate environment for the installation and operation of the Equipment, including but not limited to adequate cabling, connection devices and lines and utility services . 3 p . B. The City/Village shall be fully responsible for maintaining and operating the Equipment in accordance with the specifications recommended by the Vendor or Equipment manufacturer. C. Upon expiration of the one year warranty on the Equipment, the City/Village shall be fully responsible for all Equipment repairs and preventative and remedial maintenance required on the Equipment so that the Equipment is maintained in a good operating condition. In the event that the County procures extended warranty services for the Equipment from the Vendor, the City/Village shall be entitled to obtain such extended warranty services, at the additional cost to the City/Village as set forth within the Contract. D. During the one year warranty period provided by the Vendor, if the City/Village incurs any failure or difficulty with the Equipment, the City/Village shall first contact the CABS Unit to assist with diagnosis and correction of the problem. If the CABS Unit cannot cure the problem within eight (8) hours, the CABS unit will arrange for the Vendor to provide warranty services within twenty-four (24) hours of the initial call to the CABS Unit in order to correct the problem. E. The City/Village shall comply with all conditions of the Grant Award which are set forth in Exhibit B attached hereto. Pursuant to the terms of the Grant Award, the Equipment may only be used for law enforcement purposes in connection with criminal apprehension and booking. The City/Village agrees to use the Equipment only for law enforcement purposes as permitted pursuant to the terms of the Grant Award. In the • event the City/Village uses the Equipment for non-related purposes, such unauthorized use shall be deemed a breach of this Agreement and the County shall have the right to terminate this Agreement in accordance with Section 4 . 1 hereof. F. As an additional requirement of the Grant Award, the City/Village agrees to make a good faith effort to continue deploying officers into community policing as a result of the funding of technology and equipment under the Grant . The City/Village understands that it must create a Retention Plan which will address the steps to be taken by the City/Village to retain the positions and maintain redeployment of officers into community policing after the funding of this Grant expires . The Retention Plan must also address the steps to be taken by the City/Village for maintaining the positions and redeployment levels beyond the term of the Grant . G. The City/Village shall operate the Equipment in accordance with all relevant policies, procedures, rules, and regulations, as promulgated from time to time by the Director 4 of the CABS Unit, including but not limited to LEADS requirements as established by the ISP. H. The City/Village, by execution of this Agreement, certifies that it is in full compliance, or will fully comply, with the U. S . Department of Justice Certifications and Assurances attached hereto as Exhibit C. SECTION 4 : TERM OF AGREEMENT This Agreement shall commence upon the date the Cook County Board of Commissioners authorizes execution of this Agreement and shall continue for as long as the County operates the County-wide Criminal Apprehension Booking System. In the event the City/Village breaches any- term of this Agreement or fails to comply with any condition of the Grant Award, the County shall have the right to terminate this Agreement and the City' s/Village ' s Network connection to the County. Prior to any such termination, the County shall give the City/Village seven (7) days prior notice of such intention to terminate and provide the City/Village with an opportunity to cure such breach prior to termination of the Agreement and the Network connection. SECTION 5 : COMPENSATION TO THE COUNTY Upon execution of this Agreement, the City/Village shall transmit to the Sheriff the sum of Twenty Thousand Dollars ($20, 000 . 00) to pay for the Equipment and technical services to be provided by the County. Payment shall be made payable to the County of Cook, Illinois and transmitted to Mr. Daryl Bernard, Cook County Sheriff ' s Police Office, 1401 Maybrook Drive, Maywood, Illinois 60153 . The Sheriff shall transmit such payments to the Cook County Comptroller for deposit with the Cook County Treasurer. SECTION 6: MISCELLANEOUS A. Nonliability: No party to this Agreement shall be liable to any other party for any loss, claim or damages as a result of any delay or failure in the performance of any obligation hereunder, directly or indirectly caused by or resulting __ from: acts of the other party; acts of the government; acts of God; acts of third persons; strikes, embargoes, delays in the mail, transportation and delivery; Network or power failures and shortages; fires; floods; epidemics and unusually severe weather conditions; or other causes beyond the control of such party. B . Binding Effect : This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties as if they too were parties to this Agreement . 5 C. Severability: The parties agree that to the extent a court of competent jurisdiction shall determine that any part or provision of this Agreement is unenforceable as a matter of law, such part or provision of this Agreement shall be deemed severable and the remainder of this Agreement shall survive . D. Notice : All notices required herein shall be in writing and be served personally or by registered or certified mail, return receipt requested, upon the parties at their principal administrative offices or as otherwise designated. E . Governing Law: This Agreement shall be governed, interpreted and construed according to the laws of the State of Illinois . F. Amendment: This Agreement contains the entire agreement of the parties and shall supersede any - prior written or oral agreements or understandings . This Agreement may only be altered, modified or amended upon the written consent and agreement of all parties hereto duly adopted as required by law. G. Compliance with Laws : The parties hereto agree to observe and comply with all federal, state and local laws which may in any manner affect performance under this Agreement, including ' without limitation federal and state laws governing the dissemination of criminal records . H. Right to Audit : The City/Village agrees that any auditor appointed by the U. S . Department of Justice and/or the County shall, until expiration of five years after the final payment under this Agreement, have access and the right to examine any books, documents, papers, canceled checks, purveyor ' s and other invoices, and records of the City/Village related to this Agreement, or to the City' s/Village ' s compliance with any term, condition or provision of this Agreement . The City/Village shall be responsible for establishing and maintaining records sufficient to document the costs associated with performance under the terms of this Agreement . I . Indemnification: With respect to any claims, losses, damages and liabilities that may result due to the Vendor performing _ _ services on the premises of the City/Village, the City/Village agrees to indemnify, hold harmless and defend the County and its commissioners, elected officials, employees, agents and representatives, and their respective successors and assigns, from and against any such claims, losses, damages and liabilities, including costs, expenses and attorney' s fees . 6 , LiveScan Grant Contract March 4, 1998 Page 2 All of this technology will interact well with the new Comput- er Aided Dispatch Center and mobile computers recently de- ployed in the Elgin Police Department . The grant application was considered and approved by the City Council Committee of the Whole, October 23 , 1996 . The grant application and matching funds were then approved by resolution by the City Council on November 6, 1996 . The Police Department first became aware of this opportunity in 1995 and began exploring the feasibility of participating. The possible use of this technology in the new law enforcement facility was already under consideration and the availability of this grant resulted in significant savings . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED This grant was awarded by the United States Department of Justice to Cook County in cooperation with 96 other area law enforcement agencies . FINANCIAL IMPACT �/ The grant requires a local match of $20, 000 from the City of Elgin. This amount was reserved as part of the Law Enforcement building project and is currently available in Fund 394-0000-795 . 92-36, Project No. 039504 . � j � LEGAL IMPACT G None . ALTERNATIVES The City Council may choose not to participate and the City would not receive the equipment valued at $84 , 000 . RECOMMENDATION It is recommended that the City enter into this agreement with Cook County and authorize the payment of the local match of $20, 000 . R ectfully subm' ted, /, Jo ce K. Parker City Manager JB/jb r 000i. f 0 c f t • PHONE (312) 443-6444 SHERIFF'S OFFICE OF COOK COUNTY, ILLINOIS RICHARD J. DALEY CENTER, CHICAGO, IL 60602 • MICHAEL F. SHEAHAN SHERIFF January 21, 1998 Chief Charles Gruber City of Elgin 150 Dexter Ct. Elgin IL 60120 RE: LiveScan Grant Dear Chief Gruber: • On Tuesday, January 6`t', the Cook County Board approved the recommendation of the CABS Committee (Criminal Apprehension and Booking System Committee) to enter into a contractual agreement with NEC Technologies. NEC will provide the countywide LiveScan system in accordance with the COPS MORE federal grant award. This culmination is the result of many hours of work and investigation on the part of the CABS Committee to provide law enforcement and the citizens of Cook County with the most advanced identification technology available. Scheduling, installation, and training in the use of the equipment will be coordinated by our CABS Unit. The training will be required to obtain maximum utilization of this equipment and achieve our common goal of positive identification with rapid response. You will soon be notified of a joint meeting in your district, at which NEC will provide a comprehensive overview of the system. The CABS Unit will be on hand to answer any questions regarding the program. Your department's decision to participate with us in this grant program requires the execution of an Intergovernmental Agreement, which is enclosed. Please have your city or village officials sign and return the agreement as indicated. I look forward to working with you in the future and continuing our on going intergovernmental relationship. Sincerely, Michael F. Sheahan ENCL: Intergovernmental Agreement Grant Award Document .. iti Printed on Recycled Paper