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