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13-80 Resolution No. 13-80 RESOLUTION AUTHORIZING ACCEPTANCE OF DEPARTMENT OF JUSTICE FY2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AURORA, THE CITY OF ELGIN AND THE COUNTY OF KANE, ILLINOIS-JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD REGARDING TECHNOLOGY- RELATED PURCHASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that the City of Elgin,Illinois hereby accepts the Department of Justice FY2012 Edward Byrne Memorial Justice Assistance Grant in the amount of $18,538.10 and ratifying the execution of an intergovernmental agreement between the City of Aurora,the City of Elgin and the County of Kane, Illinois-Justice Assistance Grant(JAG)Program Award by Jeffrey A. Swoboda,Chief of Police,and Kristie Hilton,Senior Management Analyst,regarding technology-related purchases,a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: May 8, 2013 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk STATE OF ILLINOIS CITY CLERK COUNTY OF KANE CONTRACT NO. KNOW ALL BY THESE PRESENT INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AURORA,THE CITY OF ELGIN,AND THE COUNTY OF KANE,ILLINOIS JUSTICE ASSISTANCE GRANT(JAG)PROGRAM AWARD This agreement is made and entered into this 9th day of May,2012,by and between the COUNTY OF KANE,hereinafter referred to as.COUNTY.,the CITY OF AURORA, and the CITY OF ELGIN,all of KANE County, State of Illinois,witnesseth: - WHEREAS,this Agreement is made under the authority of the Intergovernmental Cooperation Act, 51LCS 220/1 et seq.; and WHEREAS, each party finds that the performance of this Agreement is in the best interests of all parties,that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS,the CITY OF AURORA agrees to provide the COUNTY$ 28,130.74 from the JAG award; and WHEREAS,the CITY OF AURORA agrees to provide the CITY OF ELGIN$ 18,538.10 from the JAG award; and WHEREAS,the CITY OF AURORA,the CITY OF ELGIN, and the COUNTY believe it to be in their best interests to reallocate the JAG funds accordingly, NOW THEREFORE,the COUNTY,the CITY OF AURORA, and the CITY OF ELGIN agree as follows: Section 1. The CITY OF AURORA agrees to pay COUNTY a total of$ 28,130.74 JAG funds. The CITY OF AURORA agrees to pay the CITY OF ELGIN a total of$ 18,538.10 JAG funds. The CITY OF AURORA,the CITY OF ELGIN, and COUNTY all agree that the amounts are subject to change should the grant award be less than or more than the anticipated total JAG fund award of$88,536.00. Section 2. - COUNTY agrees to use$28,130.74 for the Training Program until 09-30-2015. The CITY OF ELGIN agrees to use$ 18,538.10 for the Equipment Program until 09-30-2015. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by law. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against the CITY OF AURORA other than claims for which liability may be imposed by law. Section 5. Nothing in the performance of this Agreement shall impose any liability for claims against the CITY OF ELGIN other than claims for which liability may be imposed by law. Section 6. Each parry to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any liability that may arise from the furnishing of the services by the other party. Section 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 8. By entering into this Agreement,the parties do not intend to create any obligations express or implied other than those set out herein; further,this Agreement shall not create any rights in any party not a signatory hereto. CITY F AURORA CITY OF ELG COUNTY OF KANE City of A rora, Chief of Police gin, hief of Police Kane County Sh Joe Groom(Acting Chief) ey A. Swoboda Patrick$ Perez r COVER PAGE PROGRAM TITLE: Information Sharing Initiatives AGREEMENT NUMBER: 809068 PREVIOUS AGREEMENT NUMBER(S): Not applicable ESTIMATED START DATE: July 1,2013 SOURCES OF PROGRAM FUNDING: JAG ARRA FFY09 Funds: $311.157 Matchin g Funds: $0 Over-Matching Funds: $0 Total: $311,157 IMPLEMENTING AGENCY'S NAME: City of Elgin ADDRESS(This address must be the physical 150 Dexter Court address that is registered with SAM and include Agin IL 60120-5503 nine digit zip code): IMPLEMENTING AGENCY'S AUTHORIZED Sean Stegall OFFICIAL: TITLE: City Manager FEDERAL EMPLOYER IDENTIFICATION NUMBER: 36-6005862 IMPLEMENTING AGENCY'S DUNS NUMBER: 010224772 IMPLEMENTING AGENCY'S SAM March 25,2014 REGISTRATION EXPIRATION DATE: -IMPLEMENTING AGENCY'S CAGE CODE: 5CHL9 IMPLEMENTING AGENCY'S FINANCIAL Colleen Lavery OFFICER: TITLE Chief Financial Officer TELEPHONE: 847-931-5636 PROGRAM AGENCY'S NAME: Elgin Police Department PROGRAM AGENCY'S MAILING ADDRESS 151 Douglas Ave (If the same as above mark"NIA"): Elggn IL 60120-5503 PROGRAM AGENCY'S AUTHORIZED Jeffrey Swoboda OFFICIAL: TITLE Chief of Police FISCAL CONTACT PERSON: Kristie Hilton AGENCY: Elgin Police Department TITLE: Senior Management Analyst TELEPHONE: 847-289-2970 FAX: 847-289-2622 E-MAIL: hfltwLk@cityofelgin.org PROGRAM CONTACT PERSON: Kristie Hilton TITLE: Elgin Police Department TELEPHONE: Senior Mans ement Analyst FAX: 847-289-2970 E- IUL: 847-289-2622 IMPLEMENTING AGENCY'S LEGISLATIVE Congressional District: 8 DISTRICT(This must be based on the nine digit State Senate District: 22 zip code registered with SAM.The district can be State Representative District:43 located by using this link*): PRIMARY AREA OF PERFORMANCE(This Elgin Police Department should be either the Program Agency's office or 151 Douglas Ave. the location where a majority of the grant activity Elgin H,60120-5503 takes place.A street address does not need to be provided,but please list city,state and nine digit zip code.: PRIMARY AREA OF PERFORMANCE'S Congressional District: 8 LEGISLATIVE DISTRICT(This must be based State Senate District: 22 on the nine digit zip code listed above.The district State Representative District:43 can be located by using this link.): Question 1) Are more than 80% of the Program No Agency's revenue from the federal government?: Question 2)Are the Program Agency's federal No revenue more than$Z.000_,000?: Question 3)Are the Program Agency's top five No compensated officers' compensation not available through the Securities and Exchange Commission or the Internal Revenue Service?: If the answer to all of the three above questions is yes,then please Iist the five highest compensated officers and their compensation. NAME COMPENSATION Last Updated March 25,2013 2 w City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 INTERAGENCY AGREEMENT American Recovery and Reinvestment Act of 2009 Edward Byrne Memorial iustice Assistance Grant Proeram This interagency agreement is entered into by the Illinois Criminal Justice Information Authority, with its offices at 300 W. Adams,Chicago,Illinois 60606,hereinafter referred to as the"Authority," and the City of Elgin,hereinafter referred to as the "Implementing Agency," with its principal offices atl50 Dexter Court,Elgin,Illinois 60120-5503, for implementation of the Information Sharing Initiatives Program, WHEREAS, Section 7(k) of the Illinois Criminal Justice Information Act (20 ILCS 3930/7(k)) establishes the Authority as the agency "to apply for, receive, establish priorities for, allocate, disburse and spend grants of funds that are made available...from the United States pursuant to the federal Crime Control Act of 1973,as amended,and similar federal legislation, and to enter into agreements with the United States government to further the purposes of this Act,or as may be required as a condition of obtaining federal funds;" and WHEREAS, pursuant to the Authority's rules entitled "Operating Procedures for the Administration of Federal Funds," (20 Illinois Administrative Code 1520 et seq.) the Authority awards federal funds received by the State of Illinois pursuant to the Omnibus Crime Control and Safe Streets Act of 2002 and agency agreements with State agencies and units of local government for the use of these federal funds;and WHEREAS,the American Recovery and Reinvestment Act(Recovery Act)of 2009,a one time source funding,has obligated funds for the Justice Assistance Grants,and WHEREAS, pursuant to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program the Authority, names the following purpose areas as the focus of the American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant(JAG)Program for federal fiscal year 2009: 1. Law enforcement programs. 2. Prosecution and court programs. 3. Prevention and education programs. 4. Corrections and community corrections programs. 5. Drug treatment and enforcement programs. 6. Planning,evaluation,and technology improvement programs. 7. Crime victim and witness programs NOW,THEREFORE,BE IT AGREED by and between the Authority and the Implementing Agency as follows: SECTION 1. DEFINITIONS "Program": means a plan set out in a Program Description that identifies and proposes to address problems related to one of the named areas and that contains a statement of objectives,strategies for achieving those objectives,and a method for assessing the effectiveness of those strategies. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit I City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 2. PERIOD OF PERFORMANCE AND COSTS INCURRED The period of performance of this agreement shall be from July 1,2013 through September 30,2013. 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. PAYMENT The Authority agrees to make payment to the Implementing Agency for the administration and implementation of the program described in Exhibit A.Upon receipt of the fiscal and progress reports described in Section I I of this agreement,quarterly payments will be made to the Implementing Agency.No payment will be made until all outstanding reports are received by the Authority,including outstanding reports from previously funded Authority programs.In addition,due to the unique requirements of the program being funded,the Implementing Agency may request that an advance payment be made during any quarter and must include supporting documentation with the request.Requests for advance payment are subject to review and approval.No payment will be made to an Implementing Agency unless and until the Implementing Agency is in full compliance with applicable State and federal laws and the terms and conditions of this agreement. The maximum amount of federal funds payable under this agreement is$311,157. The Implementing Agency must provide for the deposit of federal and matching funds into a bank account in the ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 2 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 name of the Implementing Agency.Federal funds shall be immediately deposited into such bank account.The Implementing Agency may deposit such funds into an account separate from any of its other bank accounts,or treat such funds as a separate line item per its budget and audited financial statements.If the Implementing Agency receives more than one award from the Authority,the Implementing Agency shall ensure that the federal and matching funds for each award are accounted for separately. SECTION 5. MATCH No Match shall be required for JAG Recovery Act funds,since the Authority Board approved a waiver of the match requirement for these funds. SECTION 6. 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,the Budget attached and incorporated as Exhibit B,and the Core Application attached and incorporated as Exhibit C. SECTION 7. EXHIBITS The documents appended are made a part of this agreement as exhibits.The Implementing Agency shall perform the services subject to this agreement in accordance with all terms,conditions,and provisions set forth in such exhibits. SECTION 8. NON-SUPPLANTATION The Implementing Agency certifies that federal and matching funds made available under this agreement will not be used to supplant/replace State or local funds that would otherwise be made available to the Implementing Agency for purposes related to law enforcement.The Implementing Agency certifies that federal and matching funds made available under this agreement will be used to supplement/increase existing funds for such purposes. SECTION 9. OBLIGATIONAL LIMITATION Payment under this agreement is subject to passage of a suitable and sufficient appropriation by the Illinois General Assembly.Obligations of the State of Illinois will cease immediately without penalty of further payment being required in any fiscal year should the actions of the General Assembly or any applicable funding source result in the failure to appropriate or otherwise make available sufficient funds for this agreement. 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 Byrne Formula Grant Program. Implementing Agency shall report and account for such program income as required by the Authority. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 3 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 11. REPORTING AND EVALUATION REQUIREMENTS Unless required on a more frequent basis by the Authority,the Implementing Agency shall submit the following 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 Office of Justice Program guidelines for the evaluation of programs.The Implementing Agency agrees to report any additional information required by the Executive Director of the Authority. SECTION 12. MAINTENANCE OF RECORDS The Implementing Agency 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 Implementing Agency's most recent audit report, whichever is later.The Implementing Agency 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 the Implementing Agency 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.In addition,the Implementing Agency understands and agrees that the Department of Justice(DOJ),including 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 Implementing Agency 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. If any litigation,claim,negotiation,audit,review,or other action involving the records has been started before the expiration of the 3-year period,the records must he retained until the completion of the action and resolution of all issues that arise from it or until the end of the regular 3-year period,whichever is later. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 4 , City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 13. INSPECTION AND AUDIT 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.Further, Implementing Agency understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of Office of Justice Programs(OJP)grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide,Chapter 19. 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 11 and all other program activity. The Authority,the Illinois Auditor General and the Illinois Attorney General 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 14. CLOSEOUT REQUIREMENTS Within 30 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;(d)any refund of unexpended funds,and(e)other documents required by the Authority. SECTION 15. 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 ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 5 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 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 procurements 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 approval prior to its issuance. In addition,the Implementing Agency 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 Implementing Agency shall submit documentation regarding its procurement procedures and grant-funded purchases for Authority review and approval,to assure adherence to applicable federal guidelines. SECTION 16. ASSIGNMENT The Implementing Agency shall make no assignment or transfer of this agreement,any subcontract under 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 17. 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 Updated April 8, 2013 Federal and State Grants Unit 6 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 As required by the Authority,the Implementing Agency shall submit documentation regarding contracts to be funded with federal or matching funds for Authority review and approval, to assure adherence to applicable federal guidelines. Approval of the use of subcontractors by the Authority does not relieve the Implementing Agency of its obligation to assure performance under this agreement. SECTION 18. INDEPENDENT CONTRACTOR The Implementing Agency,in the performance of this agreement,shall act as an independent contractor and not as an agent or employee of the Authority.The Authority shall not be responsible for the performance,acts or omissions of the Implementing Agency.The Implementing Agency 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 19.EQUIPMENT REQUIREMENTS If,for an item of equipment described in Exhibit B to be funded with either federal or matching 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 submit a letter to the Authority explaining the delay in the purchase of equipment.The Authority may,in its discretion: A. Reduce the amount of federal funding; B. Cancel this agreement; C. Allow the Implementing Agency to reallocate the federal or matching funds that were allocated for such equipment to other allowable,Authority approved costs;or D. Extend the period to purchase this equipment past the 90-day period. Equipment purchased using federal or matching funds shall be year 2000 compliant and shall be able to process all time/date data after December 31, 1999. SECTION 20.INFORMATION TECHNOLOGY REQUIREMENTS If for an item or services,listed in Exhibit B, is for networking or information technology(IT)system which involves information sharing system with interstate connectivity between jurisdiction shall to the extent possible use existing networks as the communication backbone.Unless the Implementing Agency can demonstrate to the satisfaction of the Authority that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Furthermore,any information technology system founded or supported by grant or match funds with comply with 28 C.F.R.Part 23.If the Authority determines that 28 C.F.R.Part 23 is applicable,the Authority at its discretion may perform an audit to ensure system is in compliance,fines may apply for violations. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8,2013 Federal and State Grants Unit 7 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 The Implementing Agency,if they are not going to use existing networks and IT systems,should provide documentation to demonstrate the above conditions.This documentation should be provided at the time of the grant documentation submission.If it only becomes apparent after the start of the grant period that above conditions for not using existing networks and IT systems is not feasible then documentation shall be provided to the Authority for approval prior to begin work. The Authority's Illinois Integrated Justice Information System's Project manager,at 312-793-8550,should receive written notification regarding any information technology project funded by this grant.The Implementing Agency must maintain an administrative file documenting the meeting of this requirement. SECTION 21.INFORMATION SHARING The Implementing Agency,in an effort to support public safety and information sharing,is required to use the National Information Exchange Model(NIEM)specifications and guidelines for this grant in the development of data elements for data exchange systems.The Implementing Agency shall publish and make available without any restrictions all schemas developed under this grant to the component registry.NIEM guidelines are as follows: 1. Instances must validate against the set of NIEM reference schemas.Schemas conformant to the NIEM must import and reference the NIEM Schema namespace or NIEM namespaces they need to use(Universal, Common,Justice, etc.)or a correct NIEM Schema Subset(same namespaces). Note that importing the NIEM Justice Domain namespace will cascade to importing Common and Universal. Also,note that if an instance validates against a correct subset of the NIEM reference schemas,then it will validate against the NIEM reference schemas. 2. If the appropriate component(type,element,attribute,etc.)required for an IEPD exists in the NIEM,use that component.Do not create a duplicate component of one that already exists. 3. Be semantically consistent.Use NIEM components in accordance with their definitions.Do not use a NIEM element to encapsulate data other than what its definition describes. 4. Follow the IF,PD(Information Exchange Package Documentation)Lifecycle as described in NIEM documentation and define all required artifacts at each step. 5. Adhere to the NIEM Naming and Design Rules(NDR)to ensure correct,consistent schema development. SECTION 22. CONFLICT OF INTEREST The Implementing Agency agrees to comply with applicable provisions of the Illinois Procurement Code(30 U CS 500)prohibiting conflicts of interest,and all the terms,conditions and provisions of the code apply to this agreement and are made a part of this agreement the same as though they were incorporated and included herein. No employee,officer or agent of the Implementing Agency shall participate in the selection,or in the award or administration of a contract supported by federal funds if a conflict of interest,real or apparent,would be involved. The Implementing Agency shall establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. ILLINOIS CRIMINAL JUSTICE INFORMATIONAUTHORITY Updated April 8, 2013 Federal and State Grants Unit 8 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 23. IMPLEMENTING AGENCY COMPLIANCE The Implementing Agency agrees to 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,including but not limited to: The Omnibus Crime Control and Safe Streets Act of 1968,as amended;Anti-Drug Abuse Act of 1988; Bureau of Justice Assistance's Byrne Formula Grant Program Guidance document;and Program Guidelines for the Drug Control and System Improvement Formula Grant Program(53 FR 52244 et seq.,effective December 27, 1988). The Office of Justice Programs' Financial Guide (current edition); Office of Management and Budget Circulars A-21,A-87,A-102,A-110,A-122,and A-133;Illinois Grant Funds Recovery Act(30 ILCS 705); Illinois Procurement Code(30 ILCS 500);State Comptroller Act(15 ILCS 405);and rules of the Authority (20 Ill.Adm.Code 1520 et seq.). - 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 Intelligence Systems Operating Policies;Part 30,Intergovernmental Review of Department of Justice Programs and Activities;Part 38, Equal Treatment for Faith-Based Organizations;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;Part 66,Uniform administrative requirements for grants and cooperative agreements to State and local governments;Part 67,Government wide Debarment and Suspension(Nonprocurement); and Part 69,New Restrictions on Lobbying;Part 70, Uniform administrative requirements for grants and agreements(including subawards)with institutions of higher education,hospitals and other non-profit organizations;Part 83,Government-wide requirements for drug-free workplace(Grants). OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments,"revised October 7, 1994 OMB Circular A-21 "Cost Principles for Educational Institutions,"revised April 26, 1996(codified at 28 CFR Part 66,by reference) OMB Circular A-87"Cost Principles for State,Local and Indian Tribal Governments,"revised May 4, 1995 (codified at 28 CFR Part 66,by reference) OMB CircularA-133"Audits of States,Local Governments and Nonprofit Institutions,"revised June 30, 1997(codified at CFR Part 66 and Part 70) 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.;Environmental Protection Agency ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 9 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 regulations(40 CFR Chapter 1);and Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61). - National Historic Preservation Act of 1966,as amended, 16 U.S.C.pars.470 et seq.;Executive Order 11593. 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. 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.;and Protection of Historic Properties regulations(36 CFR Part 800). 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. The following acts relating to the sharing of forfeited assets:720 ILCS 5/36-1 through 36-4,720 ILCS 5/37-1 through 37-5,720 ILCS 550/12,720 ILCS 570/505,720 ILCS 600,725 ILCS 150. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 10 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 Such rules and regulations as the Department of State Police establish pursuant to Section 5 of the Intergovernmental Drug Laws Enforcement Act,30 ILCS 715/5,and the Illinois Law Enforcement Information Network(ILEIN). The rules of the Department of State Police regulating the Intergovernmental Drug Laws Enforcement Act (20 I11.Adm.Code 1220 et seq.). SECTION 24. 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 21 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: • New construction • Minor renovation or remodeling of a property either(a)listed or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain. • A renovation,lease,or any other proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size. • Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or educational environments. For existing and continuing programs or activities that will be funded with federal grant or matching funds through the Authority,upon request by the Authority as directed by BJA,the Implementing Agency shall cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. SECTION 25. 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 Implementing Agency 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 Implementing Agency shall formulate, ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit II City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 implement and maintain an equal employment opportunity plan that is approved by the Office for Civil Rights relating to employment practices affecting minority persons and women.The plan shall be approved by the Office for Civil Rights. The Implementing Agency shall complete and submit an EEO Plan Certification to the Authority. This Certification shall indicate if the Implementing Agency is required to have an EEO Plan or if the Implementing Agency is exempt from this requirement.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 shall submit a copy of its equal employment opportunity plan to the Authority. The Implementing Agency 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 Implementing Agency is in compliance. SECTION 26. 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 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. 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 Implementing Agency 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 ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 12 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 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,G;and I The Department of Justice regulations on disability discrimination,28 CFR Part 35; 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 U-CS 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 Implementing Agency,or any subgrantee or contractor of the Implementing Agency,the Implementing Agency 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 27. 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. The Implementing Agency shall adhere to all confidentiality provisions of 42 U.S.C.3789(g)and 28 CFR Part 22, ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 13 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 applicable to the collection,use,and revelation of data or information. 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 III.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 28. 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 29. 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.The Implementing Agency understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy,at any level of government,without the express prior written approval of the federal awarding agency. 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 30. 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. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April& 2013 Federal and State Grants Unit 14 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 31. 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 violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. For the purpose of this certification,"grantee" or"contractor"means a corporation,partnership,or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division,or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance,including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (t) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation,and employee assistance program;and (4) the penalties that may be imposed upon an employee for drug violations. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 15 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any employee who is so convicted,as required by section 58015 of the Drug Free Workplace Act. (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 32. DISCLOSURE OF SOLICITATION FOR EMPLOYMENT The Implementing Agency shall notify the Authority's Ethics Officer if the Implementing Agency solicits or intends to solicit for employment any of the Authority's employees during any part of the award funding process or during the term of any interagency agreement awarded. SECTION 33. ELIGIBILITY FOR EMPLOYMENT IN THE UNITED STATES The Implementing Agency shall complete and keep on file,as appropriate,the Immigration and Naturalization Service Employment Eligibility Form(I-9).This form shall be used by the Implementing Agency to verify that persons employed by the Implementing Agency are eligible to work in the United States. SECTION 34. 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 35.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 CFR 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). ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 16 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 36. 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 37. 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 38. 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. 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 ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 17 • I City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 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. SECTION 39. FEDERAL TAXPAYER IDENTIFICATION NUMBER Under penalties of perjury,the Implementing Agency certifies that the name,correct taxpayer identification number, and legal status listed below are correct: Name: City of Elgin Taxpayer Identification Number: Employer Identification Number 36-6005862 (Enter the name of the entity as used to apply for the entity's EIN and the EIN.) Legal Status(check one): Individual Nonresident Alien Sole Proprietorship Tax Exempt Partnership/Legal Corporation Pharmacy/Funeral Home/Cemetery(Corp.) Corporation providing or billing medical Corporation NOT providing or billing and/or healthcare services medical and or healthcare services X Government Pharmacy(non-corporate) Estate or Trust Non-profit Corporation/Tax Exempt Non-profit Corporation/Non-Tax Exempt Other(Specify) (Implementing Agency marking non-profit corporation/tax exempt shall supply the Authority with a copy of their determination letter showing their 501(c)(3)status from within the last 5 years.In addition,the Implementing Agency shall supply a signed copy of the Local Government Waiver.) SECTION 40.FEDERAL GRANT INFORMATION By signing this agreement,the Implementing Agency acknowledges that it has been informed of the following information regarding the federal funds received under this agreement: ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHOR17T Updated April 8,2013 Federal and State Grants Unit 18 City of Elgin on behalf of the Elgin Police Department Information Slurring Initiatives Agreement#809068 • Federal Awarding Agency:Office of Justice Programs,Bureau of Justice Assistance,Department of Justice • Catalog of Federal Domestic Assistance(CFDA)Number and Title: 16.803 Byrne Formula Grant Program • Grant Award Name and Number:Edward Byrne Memorial Justice Assistance Grant(2009)Grant Program SU-139-0055.Grant Award Year:Federal Fiscal Year 2009 SECTION 41.TRANSPARENCY ACT COMPLIANCE The Implementing Agency and Program Agency agree 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 Implementing Agency and Program Agency agree 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. Implementing Agency's DUNS Number: 01-0224772 b)To maintain a current registration in the Central Contractor Registration(CCR)database.The Implementing Agency 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. The Implementing Agency's SAM registration is valid until: March 25,2014 c)Shall provide the Authority with their Commercial And Government Entity(CAGE)Code.The CAGE Code request process is incorporated into the CCR registration. Implementing Agency's CAGE Code: 5CHL9 d) The Implementing Agency and Program Agency further agree that all agreements entered into with subgrantees or contractors, 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. The acquisition of a DUNS number and registration with the CCR database is not required of subgrantees and contractors who are individuals. e)The Implementing Agency shall provide the Authority with completed "Addendums to Agreements"for all subgrantees and subcontractors. Copies of blank Addendums to the Agreement are available from your grant monitor. SECTION 42.ACKNOWLEDGMENT AND AGREEMENT FOR 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 ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 19 f • City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 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 that it will not store,remove,transport or dispose of any chemicals,equipment and wastes used in or resulting from the operations of the clandestine methamphetamine laboratory,in connection with this program SECTION 43.REQUIRED ACTIVITES FOR INVESTIGATION AND CLOSURE OF METHAMPHETAMINE LABORATORIES The Implementing Agency understands and agrees that for any program involving either the identification,seizure, or closure of clandestine methamphetamine laboratories,it shall perform the following activities in accordance with Illinois State Police procedures: (1) Assure that personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories have received medical screening. (2) Assure that Occupational Safety and Health Administration(OSHA)required initial and refresher training has been provided for law enforcement officials and other personnel assigned by the Implementing Agency to either the seizure or the closure of clandestine methamphetamine laboratories. (3) As determined by their specific duties,assure that personnel assigned to the program are equipped with OSHA required protective wear and other required safety equipment. (4) Assure that properly trained personnel are assigned to prepare a comprehensive contamination report on each seized/closed laboratory. (5) If directed by the ISP Clandestine Laboratory Operator Coordinator or the DEA to store,remove,transport or dispose of any chemicals and associated glassware,equipment,and contaminated materials and wastes,the Implementing Agency shall, in accordance with direction provided by ISP and/or DEA: a) Employ qualified disposal contractors to remove all chemicals and associated glassware,equipment,and contaminated materials and wastes from the site(s)of each seized clandestine laboratory. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 20 t s City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 b) Dispose of the chemicals,equipment,and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or,when allowable,properly licensed recycling facilities. c) Monitor the transport,disposal,and recycling components of above subparagraphs a and b in order to ensure proper compliance. (6) Contact the Illinois Emergency Management Agency(IEMA)command center at 1-800-782-7860 within 24 hours after it encounters a clandestine laboratory,and notify IEMA of all clandestine laboratories it encounters. IEMA serves as the single point of contact and timely notification to the IEMA command center eliminates the need for the Implementing Agency to initiate procedures to ensure that written notification is made to the Illinois Environmental Protection Agency (IEPA),the Illinois Department of Public Health(IDPH),the local health department and the property owner on each clandestine laboratory.IEMA facilitates the coordination of assistance from the above described agencies,as well as the Department of Children and Family services. (7) Facilitate the implementation of the written agreement regarding clandestine laboratories with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency 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. SECTION 44.LEGAL COMPLIANCE FOR INVESTIGATION AND CLOSURE OF METHAMPHETAMINE LABORATORIES The Implementing Agency understands 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). ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8, 2013 Federal and State Grants Unit 21 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 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. SECTION 45. 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 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 46. 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 47. 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 48. TERMINATION OR SUSPENSION OF THE INTERAGENCY AGREEMENT 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. ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY Updated April 8,2013 Federal and State Grants Unit 22 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 49.FAILURE TO FILE IN A TIMELY FASHION. In order to preclude the possibility of lapsing of funding,the Authority is requiring the timely filing of all required reports.Reports shall include but are not limited to,quarterly fiscal reports,quarterly progress reports and all reports included in the closeout materials.The quarterly fiscal and progress reports are due not more than 15 days after the end of the quarter unless another reporting schedule has been required or approved by the Authority.The final date for submission for all of the closeout material reports is 30 days after the end of the grant period. Failure to meet the reporting dates established for the particular reports shall result in the"freezing"of all funds.The frozen funds shall not be limited to a particular grant that is delinquent,but all grant fiords that the Implementing Agency has with the Authority shall be frozen.Funds will be released following the completion of all the reporting requirements. SECTION 50.REPORTING GRANT IRREGULARITIES The Implementing Agency shall promptly notify the Authority through their Grant Monitor when an allegation is made,or the Implementing Agency 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. The Implementing Agency shall inform any sub-recipient of the Authority's grant funds that the sub-recipient is similarly obligated to report irregularities and the Implementing Agency shall provide a copy of the Authority's policy to any sub-recipient.A copy of the Authority's policy is available on the web at http://www.icj ia.state.if.u,s/public/. Failure to report known irregularities can result in suspension of the Interagency Agreement or other remedial action. In addition,if the implementing agency's auditor or other staff becomes aware of any possible illegal acts or other irregularities prompt notice shall be given to the Implementing Agency's director.The Implementing Agency,in turn,shall promptly notify the Authority as described above of the possible illegal acts or irregularities.If the possible misconduct involves the Implementing Agency's director,the Implementing Agency 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 taw 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 A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 23 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 Illinois Criminal Justice Information Authority Attn:Grant Monitor 300 W.Adams Suite 200 Chicago,EL 60606 Phone: 312-793-8550 SECTION 51.RECOVERY ACT SPECIAL CONDITION-SEPARATE TRACKING AND REPORTING The Implementing Agency 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 Implementing Agency'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. SECTION 52.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 Implementing Agency shall gather from same the required data elements,listed below,and shall submit these reports as part of its own report. The Authority shall supply a separate and distinct reporting form,for the Recovery Act reporting requirements.The form shall be submitted to the Implementing Agency's assigned grant monitor by e-mail within five(5)days of the end of the month.If the Authority develops a secured,web-based reporting system,the Implementing Agency shall report by use of this web-based system. The Implementing Agency 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 projector activity. Failure to meet the reporting dates established for this report shall result in the"freezing"of all Recovery Act funds. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 24 r City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 53.RECOVERY ACT SPECIAL CONDITIONS-REPORTING POTENTIAL FRAUD,WASTE OR SIMILAR MISCONDUCT. The Implementing Agency shall promptly refer to the Authority,via their assigned Grant Monitor,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 200 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 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 54.RECOVERY ACT SPECIAL CONDITIONS-WHISTLEBLOWERS PROTECTION The Implementing Agency understands that the Recovery Act provides certain protections against reprisals for employees of non-federal employers who disclose information believed to be evidence of gross mismanagement, 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 55.RECOVERY ACT SPECIAL CONDITIONS—MISUSE OF FUNDS The Implementing Agency agrees and understands that the misuse of funds may result in a range of penalties, including but,not limited to,suspension of current and future funds,suspension or debarment from federal grants, recoupment of monies provided under the award,and other civil and/or criminal penalties. ILLINOIS CRIMINAL JUSTICE INFORMA TIONA UTHORITY Updated April 8, 2013 Federal and State Grants Unit 25 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiutives Agreement#809068 SECTION 56.RECOVERY ACT SPECIAL CONDITIONS-ONE-TIME FUNDING The Implementing Agency 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 57.RECOVERY ACT SPECIAL CONDITIONS-CONFLICT WITH OTHER STANDARD TERMS AND CONDITIONS The Implementing Agency 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). Implementing Agency shall be responsible for contacting it's grant managers for any needed clarifications. SECTION 58.RECOVERY ACT SPECIAL CONDITIONS-ADDITIONAL REQUIREMENTS AND GUIDANCE The Implementing Agency 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 59.USE OF FUNDS Implementing Agency certifies that it, and its subcontractors, shall use federal and match, if applicable, funds for only allowable services,activities and costs,as described in Exhibit A. The Implementing Agency certifies that only those costs listed in Exhibit B shall be paid pursuant to this agreement. Implementing Agency understands the payment of funds shall be withheld until such certifications are received by the Authority. SECTION 59.5.SPECIAL CONDITION FOR CONTRACTORS (Applicable to independent contractors,not employees,of the Implementing Agency) If the contractor payment rate exceeds$450 for an 8 hour day(exceeds$56.25 per hour),the Implementing Agency must submit written justification for that payment rate for PRIOR Authority review and approval. If the contractor payment rate is$450 or less for an 8 hour day,the written justification must be maintained on-site by the Implementing Agency and made available for review and approval by the Authority during scheduled site visit(s).If a site visit is not scheduled during the period of performance of the grant program,the Implementing Agency may be required to submit this justification for Authority review and approval as directed by the Authority. The written justification for these contractor payments must follow the Authority's required format,which the Authority will provide to the Implementing Agency. ILLINOIS CRIMINAL JUSTICE INFORMA TION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 26 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 In addition,the Implementing Agency must submit copies of all contracts over$100,000 that it anticipates entering into with the selected contractors for Authority review and approval,PRIOR to their approval and execution by the Implementing Agency.Other contracts may be requested for review,at the discretion of the Authority. ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 27 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 SECTION 60. ACCEPTANCE&CERTIFICATION The terms of this interagency agreement are hereby accepted,executed,and where applicable,certified and acknowledged,by the proper officers and officials of the parties hereto: ? �/r3 Jack Cutrone Date Executive Director Illinois Criminal Justice Information Authority I, Sean Stegall, City Manager, under oath, do hereby certify and acknowledge that: (1) all of the information in the grant agreement#809068 is true and correct to best of my knowledge, information and belief,(2)the grant funds shall be used only for the purposes described in the grant agreement#809068,and(3)the awarding of grant funds is conditioned upon the Authority's receipt of this certification. 7-24-13 Sean Stegall 41 Date City Manager City of Elgin I,Colleen Lavery,Chief Financial Officer,under oath,do hereby certify and acknowledge that:(1) all of the information in the grant agreement#809068 is true and correct to best of my knowledge, information and belief,(2)the grant funds shall be used only for the purposes described in the grant agreement#809068,and(3)the awarding of grant funds is conditioned upon the Authority's receipt of this certification. I - 7-24-13 Colleen Lavery Date Chief Financial Officer City of Elgin I,Jeffrey Swoboda,Chief of Police,under oath,do hereby certify and acknowledge that: (1)all of the information in the grant agreement#809068 is true and correct to best of my knowledge, information and belief,(2)the grant funds shall be used only for the purposes described in the grant agreement #809068, and (3) the awarding of grant funds is conditioned upon the Authority's receipt of this certification. 7-24-13 Jeffrey woboda Date Chief Elgin Police Department ILLINOIS CRIMINAL JUSTICE INFORMATION A UTHORITY Updated April 8, 2013 Federal and State Grants Unit 28 City of Elgin on behalf of the Elgin Police Department Information Sharing Initiatives Agreement#809068 Exhibit A Summary of Program: Through this project, the Elgin Police Department will enter into an interagency agreement with Kane County to support the development of a County-wide law enforcement data sharing initiative. JAG funding will support the purchase of equipment, software and services to bring four smaller local agencies onto the same records management system platform as most Kane county users and establish a data sharing connection for law enforcement agencies across the county. Through this project, the County will purchase necessary firewalls, small form-factor pluggable modules and a dashboard system licensing and employ an enterprise service bus software architecture model for one of the largest cities in the county to facilitate their data sharing. Statement of Problem: Kane County has seen rapid growth in recent years,with its population increasing by nearly 27% between 2000 and 2009. According to a US Census 2011 estimate, Kane County has a population of approximately 520,27 1. The same source reflects the following as it relates to race and ethnicity: White 87.4% Black 6.1% American Indian and Alaska Native 1.0% Asian 3.7% Hispanic or Latino 31.1% White persons not Hispanic 58.6% Al Situated in the west suburbs of Chicago, the median home value in Kane County from 2007- 2011 was $241,600, substantially above the Illinois median of$198,500. The median household income during that same period was $69,496 with 10.1% of individuals living below poverty level, again surpassing the State medians of$56,576 and13.1%, respectively. Kane County includes the City of Aurora, the second largest municipality in Illinois,but also includes a significant number of small towns and rural areas. The law enforcement agencies that serve this variety of communities also vary widely in the sophistication of the information systems they use. Kane County is seeking to develop an efficient means for these agencies to share information with the County and with each other regarding arrests and investigations to enhance the safety of the public and that of the 609 law enforcement officers serving across the county. Further, the development of County-wide information sharing capacity will enable the County and participating agencies to share data with the state and federal agencies. Current Situation Law enforcement agencies in Kane County lack a standardized record-keeping format, and the hardware and software components required to facilitate data sharing. Only a few agencies currently have the capacity to share information across jurisdictions, leaving few departments able to share a limited scope of information. The cities of East Dundee, West Dundee, Sleepy Hollow and Carpentersville have formed QuadCom to facilitate limited data sharing between those four agencies. TriCom is comprised of Batavia, Geneva and Saint Charles. Like QuadCom, limited data sharing is available between these three agencies. None of the departments listed can freely share their information with any another agency outside of their consortium, yet all are situated within Kane county. The Aurora Police Department has is currently in the process of exploring the acquisition of a new records management system, making this an opportune time to build data sharing capacity across jurisdictions. A2 1 � Program Justification: Criminals do not commit crimes solely in one jurisdiction. The crossing of jurisdictions can make investigations and the tracking of illegal activity difficult. Elgin, Carpentersville, East Dundee, West Dundee, Sleepy Hollow, Geneva, St. Charles, Batavia and Kane County are among the largest police agencies in the County and all use the same records management system. Despite operating the same system, data sharing is largely limited to dispatching services for agencies that have partnered in some capacity. The goal of this initiative is to make available subject and case data obtained anywhere in Kane County. This information will be available to any law enforcement officer working for an agency within Kane county, regardless of dispatching agreements that may or may not apply to a department. Funding: Resources for this initiative,however, are not available in the County and JAG ARRA funds are necessary to implement this project. No funding is available outside of this grant opportunity, nor are matching funds available. Request for funding of components of this plan have been made to the County Board during the annual budget process,but no funds have been allocated and no parts of this plan have been implemented. Program Strategy: Interagency agreements will be created and a committee will be established with representatives from each cooperating agency in this data sharing initiative to oversee the implementation of the project. Communications will be relayed to all agencies involved as to what steps will occur, when and how that will impact their agency. Because the largest police agencies in the county all share the same information system, Kane County will use these grant resources to enter into a sole source procurement with the firm that supplied that system. Kane County has met with the vendor to develop an implementation plan that can be accomplished in a shortened timeframe. The project will address these key components of the plan: A3 • Provide a records management system for Wayne, Pingree Grove, South Elgin and Campton Hills: Providing a system to these municipalities will serve a population of approximately 40,500 with 64 officers. • Establish a data sharing connection for Kane County: The vendor will install and customize web query data sharing software and provide training for Kane County agencies. • Purchase an enterprise service bus for the Elgin Police Department to facilitate their ability to share data with multiple sources: The Elgin Police Department currently has 180 officers and serves a population of 110,000. • Provide necessary firewalls and small form-factor pluggable modules: Five firewalls and 10 interfaces for agencies sharing data will be acquired and installed. • Provide reporting system licensing: Twenty licenses for dashboarding software will be acquired and installed. Goal: Establish secure county-wide information sharing functionality Process Objective Performance Measure Execute interagency agreement between the Elgin • Execution of the agreement Police Department and Kane Count 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 20 licenses at 5 system users agencies for data analysis purposes Data exchange functionality available to . Date data exchange functionality is participating agencies available to all participating agencies A4 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 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. Beginning steps taken: Data sharing has been an important issue that Kane County has sought to address for some time. There have been several meetings with agencies over recent years to establish a framework for data exchange. Twice in March of 2013, representatives from Kane County and the City of Elgin A5 met to discuss how this opportunity could assist the widest range of Kane county law enforcement data consumers. During the second meeting, a vendor was included in the discussion. Through the early discussions it has been determined that Kane County should be the lead agency in order to ensure the highest level of cooperation. Price quotes have already been secured for several components of this project, but a large unknown that has to be addressed is version compatibility between the agencies. Even though the departments that will be included in this initiative are using the same software vendor,they may not be on the same version of the software and any challenges this creates will need to be addressed and/or rectified. Potential barriers: Potential barriers to this project include: Cost: Stakeholders will all need to be aware of any extra costs their agency may incur that will not be covered by the grant Speed of implementation: Many pieces that are necessary for project success should not take long to implement. Development of a rigid implementation schedule along with personnel and technical resources availability should ensure that these challenges are overcome. To accomplish this, a firm project timeline will be drafted. Transactions that need council approval need to be identified immediately for processing. A memorandum of understanding will need to be generated between all participating agencies. Project leaders for each agency will be identified and weekly status meetings via phone conference will occur between project leaders to ensure each stakeholder is performing required tasks. Differing levels of technical expertise at each agency: Each department has differing levels of technical support and equipment, but the support offered by the largest partners, Kane county and the City of Elgin, will facilitate implementation needs. A6 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& im lementation services Staff Deploy& Implement Aegis Link Month 2 Month 3 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 Staff and Organizational Experience: The Elgin Police Department successfully completed an I-Clear grant initiative in cooperation with the Illinois Criminal Justice Authority in 2011. The experience gained during that process A7 will lend itself well to this project. By nature, law enforcement has multiple links to many resources. This grant would be the largest local communication initiative undertaken. Both Kane County and the City of Elgin have full-service information technology (IT) departments, server farms, and necessary infrastructure to make the physical connection successful. Elgin Police Department Organizational Chart: 1..t-:+:�e t�Ti•?'s€art fet Y�A'f+5w of W.t,Mf ,......,. -.... 4 Ms1 FMMYrl�" Y Yq� a"V 4 M9f Sraaxt ` Y +m. eve NqM r }. st _ -:prsr'srn^n _Lwi�ClSnsl±s _7 ds^ ' �tfi#9Ya xx 5bwt-.� . rAlt�Aar�m A4.xwd�n.*.ur s�>1•.: ' Elgin's key project team members include the following staff who were directly involved in the implementation of the I-Clear interface • Commander Bill Wolf • Systems Specialist Joe Bush • Senior Management Analyst Kristie Hilton A8 EXHIBIT B: BUDGET IDENTIFICATION OF SOURCES OF FUNDING Implementing Agency: City of Elgin on behalf of the Elgin Police Department Agreement#: 809068 SOURCE AMOUNT Federal Amount: JAG ARRA FFY09 $311,157 Subtotal: $311,157 Match: None $0 Subtotal: $0 Over Match: None $0 Subtotal: $0 GRAND TOTAL $311,157 B1 Budget&Budget Narrative City of Elgin on behalf of the Elgin Police Department Agreement# 809068 PERSONNEL SERVICES Annual #Months %Time On Federal Match Job Title Salary On Program Program Amount Contribution Total Cost Not applicable $ $ $ - $ - $ - $ - Total FTE 0.00 $ $ _ $ _ Total Salary $ - $ _ $ _ Fringe Benefits(Use figure from Fringe Benefit Worksheet) $ _ $ _ TOTAL PERSONNEL SERVICES $ $ _ $ Budget Narrative for Personnel.Please give a brief description for each line of the Personnel Services Budget. (See Attached Budget Instructions) Budget&Budget Narrative City of Elgin on behalf of the Elgin Police Department Agreement# 809068 EQUIPMENT Pro-rated Federal Match Item Cost per Unit #of Units Share Amount Contribution Total Cost Not applicable TOTAL EQUIPMENT COST $ - $ $ Budget Narrative for Equipment.Please give a brief description for each tine of the Equipment Budget. r Budget&Budget Narrative City of Elgin on behalf of the Elgin Police Department Agreement# 809068 COMMODITIES Federal Match Item Cost/Month #of Months Amount Contribution Total Cost Not applicable $ $ $ $ $ - $ - $ $ $ - $ - $ $ TOTAL COMMODITIES COST $ - $ $ Budget Narrative for Commodities.Please give a brief description for each tine of the Commodities Budget. (See Attached Budget Instructions) Budget&Budget Narrative City of Elgin on behalf of the Elgin Police Department Agreement# 809068 , TRAVEL Federal Match Not applicable Cost/Mile #of Miles/mo #of Months Amount Contribution Total Cost Program Staff Mileage* $ _ $ $ $ $ $ - $ $ - Conference Travel** Cost/person #of people #of days $ - $ _ $ _ Airfare $ $ $ $ - PerDiem $ $ $ $ Lodging $ - $ - $ $ - Other(Specify) $ $ $ $ *State rate is calculated at$.55/mile.If agency rate is lower use that lower rate. **Out of State Travel requires prior Authority approval. TOTAL TRAVEL COST $ - $ _ $ Budget Narrative for Travel.Please give a brief description for each line of the Travel Budget. (See Attached Budget Instructions) Budget&Budget Narrative City of Elgin on behalf of the Elgin Police Department Agreement# 809068 Federal Match CONTRACTUAL Amount Contribution Total Cost Interagency agreement with Kane County $ 311,157.00 $ - $ 311,1 57.00 TOTAL CONTRACTUAL COST $ 311,157.00 $ - $ 311,157.00 Budget Narrative for Contractual.Please give a brief description for each line of the Contractual Budget. (See Attached Budget Instructions) The Elgin Police Department will enter into an interagency agreement with Kane County to enable the County to procure hardware, software and vendor services necessary to implement a County-wide data-sharing plan that provides interoperability and meets NIEM, N-DEx and Global Justice XML Model (GJXDM) standards and supports the Global Reference Architecture(GRA)philosophy. Cost calculations are based on the estimate from the sole source vendor, which currently supplies information management services to the County and to the majority of the municipal departments within the County. The interagency agreement and the sole source justification and vendor contract will be submitted to the Authority for approval prior to their execution. Budget&Budget Narrative City of Elgin on behalf of the Elgin Police Department Agreement# 809068 GRAND TOTAL Federal Match Amount Contribution Total Cost PERSONNEL SERVICES $ $ $ EQUIPMENT COMMODITIES $ $ $ TRAVEL $ $ $ CONTRACTUAL $ 311,157.00 $ $ 311,157.00 TOTAL COST $ 31 1,157.00 $ $ 311.157.00 All procurements must be competitive FRINGE BENEFIT WORKSHEET:Agreement# 809068 Not applicable Use this sheet to calculate the fringe benefits to be paid for project personnel. For each element of the benefit package, indicate the rate as a percentage of salary or the dollar amount of the flat rate paid per employee. Use the TOTAL FRINGE BENEFITS amount from this worksheet as the fringe benefit dollar amount on the BUDGET under nraonnrnrrr crnrrrr•rc f, ra ,...a Ej,2� RATED FRINGE BENEFITS Rate as.%of Salary FICA 7,650% UNEMPLOYMENT RETIREMENT/PENSION WORKER'S COMP DENTAL(VISION HOSPITALIZATION Other S eci Total%Fringe Rate 7.650% Total Salary Paid By Grant(Federal and Match-Please use figure from cell 1-12 in the Budeet Detail) TOTAL RATED FRINGE BENEFITS $0 FLAT RATE FRINGE BENEFITS $per FTE HEALTHWEDICAL INSURANCE OTHER(SPECIFY) Total Flat Rate Fringe $000 Number of grant—funded FTE(full-time equivelent)positions receiving Flat Rate 100 * FLAT RATE FRINGE BENEFITS $0 TOTAL FRINGE BENEFITS: (Total rated+Total flat rate benefits) $0 *PLEASE REFER TO YOUR RESPONSE IN EXHIBIT A, SECTION II, QUESTION #l.