Title
Joint resolution authorizing an intergovernmental agreement (IGA) between the Village of Vernon Hills and the County of Lake for utilization of the Lake County Shared NICE Inform/Organizer System.
Staff Summary
• This agreement is made pursuant to the Constitution of the State of Illinois of 1970, Article VII, Section 10 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., between the County of Lake and the Village of Vernon Hills.
• The Lake County Emergency Telephone System Board (ETSB) in collaboration with a number of police agencies partnered to research and purchase a hardware and software system to aid in the storage and sharing of police data.
• The Inform Organizer software allows the police agency to take voice, video, and radio recordings, as well as data from the police agencies computer aided dispatch or records management systems and create one digital evidence file to store the data. The file then can be shared with authorized parties working on an investigation and prosecution.
• This is another excellent example of shared services and staff is currently working on finalizing the IGAs with more Lake County police agencies.
Body
RESOLUTION
WHEREAS, the Emergency Telephone System Act, 50 ILCS 750/0.01 et seq., authorizes units of local government to own and operate emergency telephone systems; and
WHEREAS, the COUNTY owns and operates, through it’s agency, the Lake County Emergency Telephone System Board (“ETSB”), NICE Inform/Organizer System (“NIOS”); and
WHEREAS, the NIOS is an automated reconstruction software program utilizing remote voice logging equipment; and
WHEREAS, the MUNICIPALITY seeks to contract with the COUNTY to utilize the NIOS; and
WHEREAS, the MUNICIPALITY, is ready, willing, and able to pay for all costs associated with their use of the NIOS; and
NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that in consideration of the foregoing and the covenants contained in this Agreement, the parties hereby agree the MUNICIPALITY shall be allowed to utilize the NIOS subject to the following terms and conditions:
1. The NIOS, its systems and programs, shall remain the sole and exclusive property of the COUNTY.
2. The MUNICIPALITY shall pay 100% of all direct actual costs associated with the MUNICIPALITY’S use of the NIOS including, but not limited to, report generation, licensing, mapping, geocoding, engineering, consulting, programming, hardware, software, cabling, interfaces, training, troubleshooting, maintenance, and upgrades. To the extent any such costs are to be incurred by the COUNTY or the ETSB, the COUNTY shall provide an itemized estimate to the MUNICIPALITY, for the MUNICIPALITY’S approval. Upon approval, the MUNICIPALITY shall pay the estimate on a monthly basis. The MUNICIPALITY’S obligation to pay their costs shall survive any termination of this Agreement.
3. The MUNICIPALITY shall have no direct NIOS programming access, and maintains the right to have input on modifications to the NIOS operating system, utilities, or vendor software; and the MUNICIPALITY retains the right to NIOS system administration authority for those parts of the system directly related to the MUNICIPALITY.
4. The MUNICIPALITY shall have the right to request work on, install or have installed any software, programs, or the like on the computer hardware operating the NIOS system if said work, installations, software or programs is specific to the MUNICIPALITY and is directly related to the existing NIOS software.
5. In addition to the direct actual costs set forth in Paragraph 2 above, the ETSB shall invoice and the MUNICIPALITY shall pay implementation cost $73,184.72, on or before December 31, 2017.
6. By May 1st of each subsequent year, the MUNICIPALITY shall pay an annual shared maintenance cost of connection (See attached Exhibit A for subsequent yearly maintenance costs based on number of exiting participants). The MUNICIPALITY shall have no right to connect the NIOS or otherwise access the NIOS until the MUNICIPALITY has first paid in full the annual cost of connection.
7. The COUNTY, through the ETSB, shall retain exclusive right and authority to program, modify, upgrade, administer and/or otherwise alter the NIOS and its systems. The COUNTY shall provide notice as required by this agreement in Section 15, to the MUNICIPALITY of modifications, upgrades or alterations to the NIOS and its systems that are likely to impact the MUNICIPALITY’S access to the NIOS.
8. The COUNTY shall work with the MUNICIPALITY to approve any additional agency or unit of local government that seeks access to the NIOS and its systems. Any current or future agency or unit of local government that will be or is currently being dispatched by the MUNICIPALITY, or their agents, shall be considered part of the MUNICIPALITY and not required to enter into a separate agreement with the County and will have no rights or permissions to the NIOS hardware or software.
9. The MUNICIPALITY shall pay all invoices under this Agreement in accordance with the Local Government Prompt Payment Act (50 ILCS 505/1 et seq.). Failure of the COUNTY to invoice MUNICIPALITY in a timely manner shall not effect a waiver of the MUNICIPALITY’S obligation to pay.
10. The MUNICIPALITY shall designate in writing at the time of execution of this Agreement a single point of contact for all purposes relating to this Agreement, including queries, complaints, and invoicing.
11. The COUNTY or its designee through the ETSB shall designate a primary contact person for receiving queries, complaints, and commendations for services provided under this Agreement. In the event of a dispute between the parties as to the extent of service or performance under this agreement, the determination of the COUNTY shall be final and conclusive.
12. The MUNICIPALITY agrees to defend itself in any actions or disputes brought against the MUNICIPALITY in connection with or as the result of this Agreement and agree to defend, indemnify and hold the COUNTY harmless and free from liability of any kind whatsoever resulting from the acts or conduct of the MUNICIPALITY, their agents or representatives or employees in the performance of this Agreement or in the furtherance of it.
The COUNTY agrees to defend itself in any actions or disputes brought against the County in connection with or as the result of this Agreement and agrees to defend, indemnify and hold the Municipality harmless and free from liability of any kind whatsoever resulting from acts or conduct of the County, their agents or representatives or employees in the performance of this Agreement or in furtherance of it.
13. The initial term of this Agreement shall be from January 1, 2017 through December 31, 2017. After the initial term of this Agreement has expired, this Agreement shall automatically renew annually for additional one-year periods. Either party may terminate this Agreement with 60-day written notice to the other party. If such termination occurs, the MUNICIPALITY shall be: 1) reimbursed a prorated portion of the prepaid annual costs of connection set forth in Paragraph 6, above, to the date of termination; 2) the County shall return to the MUNICIPALITY any programs or licenses purchased by the MUNICIPALITY and utilized solely for the MUNICIPALITY; and 3) the Parties will meet to discuss partial reimbursement of the implementation costs from paragraph 5 above, if any.
14. Pursuant to this Agreement, The Vernon Hills Police Department Communications Center shall be entitled to access the shared NICE NRX IP logger system, on behalf of the Villages of Libertyville, Lincolnshire, and Vernon Hills, the Countryside Fire Protection District, and any such Municipality or Agency that may join the Center, subject to all other terms and conditions applicable to the Municipalities or Agencies under this agreement.
15. The MUNICIPALITY may accept the terms and conditions of this Agreement only by Resolution or Ordinance duty adopted by their legally recognized governing bodies or boards.
16. All notices required herein shall be in writing, signed by or on behalf of the party giving or making such notice, and shall be sent by certified mail, postage prepaid, return receipt requested, to the following address:
To the County: To Vernon Hills:
Jeannine Thompson Vernon Hills Police Department
LCETSB Coordinator 754 Lakeview Parkway
1300 S. Gilmer Rd. Vernon Hills, IL 60061
Volo, IL 60073 Attn: Chief of Police
The addresses for notice shall be changed by either party by giving notice in accordance with this paragraph.
17. The County agrees to maintain the confidentiality or privacy of any information received in accordance with applicable Federal and State Law.
18. The foregoing constitutes the entire Agreement between the parties.
19. This Agreement may be amended by mutual written agreement, signed and executed with the same formality with which this instrument was executed.
DATED this 14th day of February, 2017.