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R-70-98 07/27/1998VILLAGE OF LEMONTC, RESOLUTION R -20 DATE OF APPROVAL July 27, 1998 RESOLUTION AUTHORIZING PARTICIPATION IN THE COOK COUNTY SHERIFF'S AUTOMATED BOOKING CONSORTIUM WHEREAS, the Village of Lemont intends to be a partner in the Cook County Sheriff's Automated Booking Consortium; and WHEREAS, the Village of Lemont has provided a hard cash match of $20,000, which will provide the Village with the booking system network data and network hardware; and WHEREAS, The Village of Lemont is of the understanding that it will be able to continue to apply for a COPS More Grant as long as the grant does not contain any automated booking equipment. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that Village of Lemont participation in the Cook County Sheriff's Automated Booking Consortium is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 27th day of July , 1998. Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT 1 ENE SMOLLEN, Village Clerk Approved by me this 27th day of ,1998. ENE SMOL EN, Village Clerk • 1p SNESKI, Village President a:L' _4 :'1996 14:43 -708-8654763 MICHAEL F SHEAHAN SHERIFF Dear Chief: COOK COUNTY SHERIFF'S POLICE DEPARTMENT 1401 SOUTH MAYBROOK DRIVE MAYWOOD. ILLINOIS 60153 TELEPHONE: (708) 865 =4700 Pt.t3E 82 WILLIAM J. BURKE jR. CHIEF OF POLIt As you may be aware, the Cook County Board authorized Sheriff Michael Sheahan to pursue funding for a county -wide booking system for all communities in Cook County that choose to participate in the grant program. The booking system would include a Livescan device, a digital mug shot booking system, and an immediate identification system, the type of which has yet to be determined. We have been notified by the Federal Government, as I am sure that you have been also, that the COPS More Program is now accepting applications for technology- related requests. The Committee that I chaired for the Sheriff included representation from all Cook County Chiefs Associations, the Illinois State Police, the City of Chicago, and various Cook County Departments. We know that a joint application for this booking equipment will have a significant impact on the purchase price of that equipment. To integrate the system between the County, all municipalities, the State Police and the City of Chicago, the hardware cost alone of this system is approximately $80,000 per community. We have a tentative date of the first week of October for submission of our grant application. We ask that, if you wish to participate in this program, you sign a Letter of Intent committing to pay S20,000 to Cook County at a future date. This amount covers approximately the 25% of your share of the project with the remaining 75% covered by the grant. We know that the grant process takes several Months for approval, so the need for these monies need not be immediate, but, most likely, can be budgeted in your future budgets. Due to the timing of the application, unfortunately, we cannot give you a specific method of payment that would be agreeable to the County Board (one time payment versus installment payments) since that issue has yet to be addressed. I urgeyou to take whatever action necessary that your Mayor and Board requires to get your Letter of Intent returned to us by October 8, 1996. This is a tremendous opportunity for those who choose to participate but the time limit is short and your immediate action on this matter is necessary. Participation in this program with the Cook County Sheriff's Office does not preclude you from making other applications to the COPS Program for other technology and personnel separately but you cannot ask,for the Livescan if you choose to participate in our program. If you have any questions, pleft'se do not hesitate to contact me as soon as possible. WJB:pm Sincerely, Uiam J. Burke, Jr. Chief of Police S , 07/13/1998 10:01 1- 847 - 4705958 CCSPD CABS UNIT PAGE 02 XN' ZRGOVSRNIEItTAL AGRZZMZNT BETWEEN THE COUNTY OF COOK, ILLINOIS, THE SHERIPT OF COOK COUNTY, ILLINOIS, AND THE Villag. of Lamont FOR THE PROVISION OF CRIMINAL APPRZYENSION BOOAING SYSTEM EQUIPMENT AND RELATED SERVICES This AGREEMENT, is made and entered into on the day of , 1998, by and between the COUNTY OF COOK, ILLINOIS (the "County ") pursuant to its home rule powers as provided in Article VII, Section 6A of the 1970 Illinois Constitution and MICHAEL F. SHEAHAN, SHERIFF OF COOK COUNTY, ILLINOIS (the "Sheriff ") and the Village of Lemont (the "City /Village "). WHEREAS, the County through the Office of the Sheriff was awarded a federal grant (the "Grant Award ") from the Community Oriented Policing Services Office of the United States Department of Justice for the purpose of funding the development and implementation of a County -wide Criminal Apprehensive Booking System ( "CABS "); and WHEREAS, the City /Village has agreed to participate in the Sheriff's efforts by agreeing to become a partner in the Sheriff's CABS consortium; and WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; NOW THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the sufficiency of which are hereby acknowledged, the County, the Sheriff and the City /Village agree as follows: SECTION 1: DUTIES AND OBLIGATIONS OF THE COUNTY A. Procurement of Equipment and Technical Services 1. The Sheriff issued a Request for Proposals for the procurement of the CABS equipment (the "Equipment ") and technical services for the development and implementation of CABS. Based upon the Sheriff's review of the proposal responses, the Sheriff has determined that the proposal submitted by NEC Technologies, Inc. will serve the best interests of the County, the Sheriff and all partners in the CABS consortium. Pursuant to the Sheriff's recommendations, the County is entering into a contract with NEC Technologies, Inc. (the "Vendor") for the provision of 1 07/13/1998 10:01 1 -847- 4705958 CCSPD CABS UNIT PAGE 03 the CABS Equipment and technical services (the "Contract "). A copy of the Contract shall be provided to the City /Village upon request. 2. In accordance with the terms and conditions set forth in the Contract, the County will procure, on behalf of the City /Village, the Equipment and technical services as set forth on Exhibit A of this Agreement. The Equipment shall conform to the requirements of the Federal Bureau of Identification, ANSI /NIST, and Illinois State Police standards so as to ensure interoperability with the State Identification Bureau and the Federal Bureau of Identification. Upon payment to the County by the City /Village as provided herein and installation of the Equipment by the Vendor, the City /Village shall be the owner of such Equipment. 3. The Contract allows the City /Village, at its sole cost and expense, to purchase additional items of Equipment and /or technical services directly from the Vendor on the same terms and conditions as set forth in the Contract. The City /Village shall be solely responsible for the cost of any additional items of Equipment or technical services desired by the City /Village. In the event that the City /Village procures additional items of Equipment and /or technical services directly from the Vendor, the City /Village shall provide the County with prior notice of such procurement so that the County can determine whether such additional procurement of Equipment may be accommodated on the Network and further so that the County can establish additional security measures that may be required. B. Provision of the CABS Computer Network The County shall provide all necessary hardware and software to operate a high speed backbone computer network (the "Network ") which will allow the City /Village to transmit livescan fingerprints, digital photos and other information to other Cook County law enforcement agencies and the Illinois State Police. The Network will provide for connectivity to Cook County sites, such as the Office of the Circuit Court Clerk, the Chicago'Police Department and the Cook County Department of Corrections. The Network shall also provide for connectivity to ISP sites in Joliet and Springfield. The County intends to have the Network fully operational by July, 1998. The County shall be responsible for operating, maintaining and repairing the Network. In connection with the CABS Network, the County has entered into an Intergovernmental Agreement with the Illinois Department of State Police ( "ISP ") for the purpose of providing certain expert technical services and equipment. Pursuant to the ISP Agreement, 2 07/13/1998 10:01 1 -847- 4705958 CCSPD CABS UNIT PAGE 04 the ISP will: (i) design, development and implement a digital photographic archive system that will be used to store mug shots of arrestees and to provide access to these photographs by law enforcement agencies involved in the CABS consortium; and (ii) acquire and implement firewalis to protect the ISP's communication networks and databases. Pursuant to the ISP Agreement, the County has been granted a license to the digital photograph archive system and firewalis. Such licenses are effective for as long as the digital archive system and firewalis are operated by the ISP. All obligations of the County pursuant to this Agreement shall be contingent upon the ISP completing their obligations under the County /ISP intergovernmental Agreement. SECTION 2: DUTIES AND OBLIGATIONS OF THE SHERIFF A. CABS Unit Services - The CABS Unit, which is staffed by Sheriff personnel, shall provide the following services to the City /Village: 1. scheduling and facilitating installation of the Equipment within the City's /Village's law enforcement facility; 2. scheduling the training of the Equipment which shall be conducted by the Vendor in accordance with the specifications of the Contract; 3. providing access to the Network twenty -four (24) hours per day, 365 days per year; 4. arranging for warranty services to be provided to the City /Village directly by the Vendor where the CABS Unit cannot cure the Equipment failure or defect within eight (8) hours of the City /Village's notice of such failure or defect to the CABS Unit; and 5. facilitating the provision of technical support assistance on a twenty -four hour per day, 365 days per year basis. Technical support assistance shall mean diagnostic, hardware and software problem rgsolution_ services related to conflict, failure or improper functioning of the Equipment. SECTION 3: DUTIES AND OBLIGATIONS OF THE CITY /VILLAGE A. The City /Village shall be responsible for providing a safe and appropriate environment for the installation and operation of the Equipment, including but not limited to adequate cabling, connection devices and lines and utility services. 3 07/13/1998 10:01 1- 847 - 4705958 CCSPD CABS UNIT PAGE 05 B. The City /Village shall be fully responsible for maintaining and operating the Equipment in .accordance with the specifications recommended by the Vendor or Equipment manufacturer. C. Upon expiration of the one year warranty on the Equipment, the City /Village shall be fully responsible for all Equipment repairs and preventative and remedial maintenance required on the Equipment so that the Equipment is maintained in a good operating condition. In the event that the County procures extended warranty services for the Equipment from the Vendor, the City /Village shall be entitled to obtain such extended warranty services, at the additional cost to the City /Village as set forth within the Contract. D. During the one year warranty period provided by the Vendor, if the City /Village incurs any failure or difficulty with the Equipment, the City /Village shall first contact the CABS Unit to assist with diagnosis and correction of the problem. If the CABS Uhit cannot cure the problem within eight (8) hours, the CABS unit will arrange for the Vendor to provide warranty services within twenty -four (24) hours of the initial call to the CABS Unit in order to correct the problem. E. The City /Village shall comply with all conditions of the Grant Award which are set forth in Exhibit B attached hereto. Pursuant to the terms of the Grant Award, the Equipment may only be used for law enforcement purposes in connection with criminal apprehension and booking. The City /Village agrees to use the Equipment only for law enforcement purposes as permitted pursuant to the terms of the Grant Award. In the event the City /Village uses the Equipment for non- related purposes, such unauthorized use shall be deemed a breach of this Agreement and the County shall have the right to terminate this Agreement in accordance with Section 4.1 hereof. F. As an additional requirement of the Grant Award, the City /Village agrees to make a good faith effort to continue deploying officers into community policing as a result of the funding of technology and equipment under the Gr,nt. The._ City /Village understands that it must create a Retention Plan which will address the steps to be taken by the City /Village to retain the positions and maintain redeployment of officers into community policing after the funding of this Grant expires. The Retention Plan must also address the steps to be taken by the.City /Village for maintaining the positions and redeployment levels beyond the term of the Grant. G. The City /Village shall operate the Equipment in accordance with all relevant policies, procedures, rules, and regulations, as promulgated from time to time by the Director 4 07%13/1998 10:01 1- 847- 4705958 CCSPD CABS UNIT PAGE 06 of the CABS Unit, including but not limited to LEADS requirements as established by the ISP. H. The City /Village, by execution of this Agreement, certifies that it is in full compliance, or will fully comply, with the U.S. Department of Justice Certifications and Assurances attached hereto as Exhibit C. $ICTION 4: TERN or AGGPZZb ENT This Agreement shall commence upon the date the Cook County Board of Commissioners authorizes execution of this Agreement and shall continue for as long as the County operates the County -wide Criminal Apprehension Booking System. In the event the City /Village breaches any -term of this Agreement or fails to comply with any condition of the Grant Award, the County shall have the right to terminate this Agreement and the City's /Village's Network connection to the County. Prior to any such termination, the County shall give the City /Village seven (7) days prior notice of such intention to terminate and provide the City /Village with an opportunity to cure such breach prior to termination of the Agreement and the Network connection. SECTION 5: COMN14SATION TO THE COUNTY Upon execution of this Agreement, the City /Village shall transmit to the Sheriff the sum of Twenty Thousand Dollars ($20,000.00) to pay for the Equipment and technical services to be provided by the County. Payment shall be made payable to the County of Cook, Illinois and transmitted to Mr. Daryl Bernard, Cook County Sheriff's Police Office, 1401 Maybrook Drive, Maywood, Illinois 60153. The Sheriff shall transmit such payments to the Cook County Comptroller for deposit with the Cook County Treasurer. SECTION 6: 1LIS LLANEOVS A. Nonliability: No party to this Agreement shall be liable to any other party for any loss, claim or damages as a result of any delay or failure in the performance of any obligation hereunder, directly or indirectly caused by or Iesulting from: acts of the other party; acts of the government; acts of God; acts of third persons; strikes, embargoes, delays in the mail, transportation and delivery; Network or power failures and shortages; fires; floods; epidemics and unusually severe weather conditions; or other causes beyond the control of such party. B. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties as if they too were parties to this Agreement. 5 07/13/1998 10:01 1- 847 - 4705958 CCSPD CABS UNIT PAGE 07 C. Severability: The parties agree that to the extent a court of competent jurisdiction shall determine that any part or provision of this Agreement is unenforceable as a matter of law, such part or provision of this Agreement shall be deemed severable and the remainder of this Agreement shall survive. D. Notice: All notices required herein shall be in writing and be served personally or by registered or certified mail, return receipt requested, upon the parties at their principal administrative offices or as otherwise designated. E. Governing Law: This Agreement shall be governed, interpreted and construed according to the laws of the State of Illinois. F. Amendment: This Agreement contains the entire agreement of the parties and shall supersede any -prior written or oral agreements or understandings. This Agreement may only be altered, modified or amended upon the written consent and agreement of all parties hereto duly adopted as required by law. G. Compliance with Laws: The parties hereto agree to observe and comply with all federal, state and local laws which may in any manner affect performance under this Agreement, including without limitation federal and state laws governing the dissemination of criminal records. H. Right to Audit: The City /village agrees that any auditor appointed by the U.S. Department of Justice and /or the County shall, until expiration of five years after the final payment under this Agreement, have access and the right to examine any books, documents, papers, canceled checks, purveyor's and other invoices, and records of the City /Village related to this Agreement, or to the City's /Village's compliance with any term, condition or provision of this Agreement. The City /Village shall be responsible for establishing and maintaining records sufficient to document the costs associated with performance under the terms of this Agreement. I. Indemnification: With respect to any claims, losses, damages and liabilities that may result due to the Vendor performing services on the premises of the City /Village, the City /Village agrees to indemnify, hold harmless and defend the County and its commissioners, elected officials, employees, agents and representatives, and their respective successors and assigns, from and against any such claims, losses, damages and liabilities, including costs, expenses and attorney's fees. 6 SECTION 7: ACCEPTANCE and EXECUTION The terms of this Intergovernmental Agreement are hereby accepted and executed by the proper officers and officials of the parties as set forth below. Attached to this Agreement as Exhibit D is a City /Village Resolution authorizing execution of this Agreement. COUNTY OF COOK, ILLINOIS BY: John H. Stroger, Jr. President, Cook County Board of Commissioners ATTEST: David D. Orr, County Clerk SHERIFF OF COOK COUNTY, ILLINOIS BY: Michael F. Sheahan Approved as to form: Assistant State's Attorney Clerk 7 f: \sheriff \cabs \towniga.fnl