Loading...
R-03-12VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R-01=12 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE SHERIFF OF COOK COUNTY, ILLINOIS WHEREAS, the Sheriff of Cook County, Illinois has built a high speed wide area computer network and the County-wide Criminal Apprehensive Booking System ( "CABS "), to provide participating law enforcement agencies with connectivity to Cook County law enforcement sites; and, WHEREAS, participation in the CABS consortium will allow the Village to transmit and receive information, including fingerprints, digital photos, images and other electronic data, to other Cook County law enforcement agencies, the Circuit Court of Cook County, and the Illinois State Police; and, WHEREAS, the Chief of Police of the Deerfield Police Department has recommended that the Village of Deerfield enter into the "Intergovernmental Agreement between the County of Cook, Illinois, the Sheriff of Cook County, Illinois and the Village of Deerfield for the Provision of Wide -Area Network Equipment" (the "Agreement "), a.copy of which is attached hereto and made a part of this Resolution, to participate in the Cook County Sheriff's CABS consortium; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the public health, safety, and welfare of the Village of Deerfield will be served by entering into Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Village Clerk of the Village of Deerfield be and they are hereby authorized and directed to respectively execute and attest the Intergovernmental Agreement between the County of Cook, Illinois, the Sheriff of Cook County, Illinois, and the Village of Deerfield for the Provision of Wide -Area Network Equipment attached hereto and made a part hereof for and on behalf of the Village of Deerfield. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 18th day of August 72003. AYES: Benton, Kayne., Rosenthal, Seiden., Swanson (5) NAYS: None (0 ) 0 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK, ILLINOIS, THE SHERIFF OF COOK COUNTY, ILLINOIS AND THE VILLAGE OF DEERFIELD FOR THE PROVISION OF WIDE -AREA NETWORK EQUIPMENT. This AGREEMENT is made and entered into on the 18th day of August , 2003 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 TWCHAEL F. SHEAHAN, SHERIFF OF COOK COUNTY, ILLINOIS (the Sheriff and the VILLAGE, OF DEERFIELD (the "Village"),. WHEREAS, '.he County and the Office of the Sheriff have built a County -wide Criminal Apprehensi ie Booking System ( "CABS ") and a county -wide computer network; and WHEREAS, the Village has agreed to participate in the Sheriffs efforts by agreeing to become a partner in the Sheriffs CABS consortium; and - - - WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the provisions of the Intergovern mental 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 Village agree as follows: SECTION 1: DUTIES A ND OBLIGATIONS OF THE COUNTY A. The County shall provide all necessary hardware and software to operate a high speed backbone computer network (the "Network ") which will allow the Village to transmit live -scan fingerprints, digital photos and other information to other Cook County law enforcement agencies and the Illinois Stat =.; Police(ISP). 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 "pringfield.. The County intends to have the Network fully operational by July 2000. The County shall be responsible for operating, maintaining and repairing the Network. B. The County will provide the Illinois Stag.Police with electronic submissions,4. all fingerpriri(s, images and other data as:retluired by Illinois:.Idw, submitted by the participating City /Villagei ancludirtig but TfoA 1'imited'16 the - Criminal identification Act and the Juvenile Justice Reform Provisions- of ; 1998. All submissions w ill °' conform to the most.- current Illinois State Police Electronic Fingerprint Specification (EFSS) document. SECTION 2: DUTIES AND OBLIGATIONS OF THE SHERIFF The CABS Unit, which is staffed by Cook County Sheriff personnel, shall provide the following services to the Village: A. scheduling and facilitating installation of Wide Area Network(WAN) Equipment within the Village's law enforcement facility; B. providing access to the Network twenty -four (24) hours per day, 365 days per yea; C. facilitating the provision of technical support assistance on a twenty -four hour per day, 365 days per year basis. Technical support assistance shall mean diagnostic, hardware and software problem resolution services related to conflict, failure or improper functioning of the Equipment. SECTION 3: DUTIES AND OBLIGATIONS OF THE VILLAGE A. The 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. B. The Village shall be fully responsible for maintaining and operating the Equipment in accordance with the specifications. recommended by Identix, Inc. the Vendor of the Law Enforcement Agencies Data System (LEADS) Equipment. C. The Village shall comply with all conditions of the Grant Award as set, forth in Exhibit A attached hereto. Pursuant to the terms of the Grant Award, the Wide- Area-Network Equipment may only be used for law enforcement purposes in connection with criminal apprehension and booking. The 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 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 below. D. The Village shall operate the Equipment in accordance with all relevant policies, procedures, rules, and regulations, as promulgated from time to time by the Director. of the CABS Unit,'including but not. limited to LEADS requirements as Page 2 of O',� established by the ISP. The County shall not be held responsible for the malfeasance or.failure to follow regulations by Village agents or employees. D. In the event that the Village procures additional items of Equipment and/or technical services directly from the Vendor, the 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. SECTION 4: TERM OF AGREEMENT This Agreement shall commence upon the date the Cook County Board of Commissioners authorizes execution of this Agreement and shall continue for as long as the County operates the Countywide Criminal Apprehension Booking System. In the event the 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 Village's Network connection to the County. Prior to any such termination, the County shall give the Village seven (7) days prior notice of such intention to terminate and provide the Village with an opportunity to cure such breach prior to termination of the Agreement and the Network connection. SECTION 5: COMPENSATION TO THE COUNTY Upon execution of this Agreement, the Village shall transmit to the Sheriff of Cook County the sum of Eight Thousand and Six Hundred Dollars ($8,600.00) 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 Ms. Catherine Maras, Chief Information .Officer, Cook County office of Information Technology and Automation Suite 2700, 69 W. Washington St. Chicago, Illinois 60602 -3007 for deposit with the Cook County Treasurer. SECTION 6: MISCELLANEOUS A. Nonliability: No party to this Agreement shall be .liable to any other party for any loss, claim or damages as a result of any delay or failure in the performance of any obligation hereunder, directly or indirectly caused by or resulting from: acts of the other party; acts of the government; acts of God; acts of third persons; strikes, embargoes, delays in the mail, transportation and delivery; Network or power failures and shortages; fires; floods; epidemics and unusually severe weather. .- conditidns; or other causes beyond the control of such' party. Page 3 of 6 5" 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. 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 Village agrees that any auditor appointed by 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 Village related to this Agreement, or to the Village's compliance with any term; condition or provision of this Agreement. The 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 Village', the 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. Page 4 of f6 . 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 set forth below. Attached to this agreement, as Exhibit D is a Village Resolution Authorizing execution of this Agreement. COUNTY OF COOK, ILLINOIS John H. Stroger Jr. President Cook County Board of Commissioners ATTEST: David D. Orr, County Clerk SHERIFF OF COOK COUNTY, ILLINOIS Page 5 of 5