Documents › Board Of Trustees, 2026-08-19

resolution 13 pages

Also attached to this agenda item: Resolution 187-2026 RICI Agreement

INTER-MUNICIPAL AGREEMENT AGREEMENT, made _____________________, 20__ by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601, (hereinafter referred to as the “County”) and THE VILLAGE OF CROTON ON HUDSON, a municipal corporation of the State of New York, acting by and through The village of Croton on Hudson Police Department, having an office and place of business at 1 Van Wyck Street, Croton on Hudson, NY 10520 (hereinafter referred to as the “Municipality”) WHEREAS, the County has implemented a system called Westchester County Repository for Integrated Criminalistic Information (“RICI System”) to allow for the electronic transmission and storage of criminal record and police blotter information; and WHEREAS, the type of information that is transmitted and stored on the system includes, but is not limited to, information related to a subject’s arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data; and WHEREAS, the information is stored chronologically on a central computer maintained by the County and is shared by multiple law enforcement agencies having access to the system; and WHEREAS, the Municipality is desirous of obtaining access to the RICI System and receiving supplemental computer services from the County; and WHEREAS, the County agrees to provide such services upon the terms described below. NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the County and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: FIRST: The County agrees: (a) To provide and maintain a computer system and related equipment that will allow for the electronic transmission and storage of records relating to a subject’s arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. The system will allow for the two-way transmission of data between the Municipality, the County, the New York State Division of Criminal Justice Services (“DCJS”) and other law-enforcement agencies. (b) To maintain all parts of the RICI System under County control. The portion of the system “under County control” means the hardware or software associated with the central computer. “Maintenance” generally means support, upkeep, repair and periodic duplication or “back-up” of Municipality records in order to safeguard the data. Maintenance will be provided 24 hours per day, 365 days per year. The County will take reasonable measures to prevent or correct system trouble. “System trouble” is generally defined as the non-ability of any Municipality RICI System workstation to send or receive data from the central computer. If the County determines any system trouble to be within the portion of the system under Municipality control, or within the jurisdiction of a third party, it will make appropriate notification to the Municipality or to such third party. The portion of the system “under Municipality control” means the hardware or software contained within the Municipality computer network. The “jurisdiction of a third party” means any hardware or software that is not within that portion of the system under County control or under Municipality control. (c) To provide management control over the RICI System. “Management control” means the authority to set and enforce (1) priorities; (2) standards for the selection, supervision, and termination of personnel in its employ; and (3) policy governing the operation of computers, circuits and telecommunications terminals or equipment used to process, store, or transmit criminal justice data, and guarantees the priority service needed by the criminal justice community. Management control includes, but is not limited to, the supervision of equipment, system design, programming, and operating procedures necessary for the exchange of criminal justice data. (d) That authorized Municipality employees and authorized employees from other user law enforcement agencies may access, view or print any record contained in the RICI System relating to a subject’s arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. Access by Municipality employees is strictly for business purposes relating to an official law enforcement function or to the administration or maintenance of the system. Any data so accessed may be used or disseminated only in accordance with all applicable federal, state or local laws or applicable rules and regulations, taking into account the type of record being used or disseminated including designation as adult, juvenile delinquent, sealed or similar restricted status. (e) That all County employees having access to RICI System data have been the subject of a criminal background check for the purpose of ascertaining fitness to access criminal justice and police blotter information. The Department of Public Safety will determine the criteria to be used in ascertaining such fitness. Any person not meeting such criteria will be denied access to RICI System data. (f) That all Municipality records maintained on the RICI System are owned by the Municipality. The Municipality will enter or edit its own records and has sole responsibility for the proper designation of its records as adult, juvenile delinquent, sealed or similar restricted status. The Municipality has sole responsibility for compliance with all court processes pertaining to any Municipality record contained in the system. The County will not enter or edit Municipality records, except at the request of the Municipality or as necessary for the administration or maintenance of the system. The Municipality has the sole responsibility for responding to requests made under the New York State Freedom of Information Law (FOIL) for records maintained in the RICI system that are owned by the Municipality. The County will not produce any records pursuant to a FOIL request that are owned by the Municipality. SECOND: The Municipality agrees: (a) To provide and maintain a computer system and related equipment that will allow for the electronic capture and transmission of records relating to a subject’s arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. The system will allow for the two-way transmission of data between the Municipality, the New York State Division of Criminal Justice Services (‘DCJS”) and other law-enforcement agencies. (b) To maintain all parts of the RICI System under Municipality control. The portion of the system “under Municipality control” means the hardware or software associated with the Municipality computer network. The Municipality will take reasonable measures to prevent or correct system trouble. “System trouble” is generally defined as the non-ability of any Municipality RICI System workstation to send or receive data from the central computer. If the Municipality determines the trouble to be within the portion of the system under County control, or within the jurisdiction of a third party, it will make appropriate notification to the County or to such third party. The portion of the system “under County control” means the hardware or software associated with the central computer. The “jurisdiction of a third party” means any hardware or software that is not within that portion of the system under Municipality control or under County control. (c) To provide supervision and control over that portion of the RICI System under Municipality control. The term “supervision and control” generally means, but is not limited to, maintenance of security for terminals used to access RICI System data and the exercise of reasonable measures to ensure that only authorized personnel access criminal justice and police blotter information contained in the system. (d) That authorized County employees and authorized employees from other user law enforcement agencies may access, view or print any record contained in the RICI system relating to a subject’s arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data. Access by County employees is strictly for business purposes relating to an official law enforcement function or to the administration or maintenance of the system. Any data so accessed may be used or disseminated only in accordance with all applicable federal, state or local laws or applicable rules and regulations, taking into account the type of record being used or disseminated including designation as adult, juvenile delinquent, sealed or similar restricted status. (e) That all Municipality employees having access to RICI System data have been the subject of a criminal background check for the purpose of ascertaining fitness to access police blotter and criminal justice information. The Department of Public Safety will determine the criteria to be used in ascertaining such fitness. Any person not meeting such criteria will be denied access to RICI System data. THIRD: The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "A", entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule "A", the Municipality agrees: (a) That except for the amount, if any, of damage contributed to, caused by or resulting from the sole negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, agents and elected officials from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of this Agreement; and (b) To provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement, unless caused by or resulting from the negligence of the County, and to bear all other costs and expenses related thereto; and . (c) In the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Municipality shall reimburse the County’s reasonable attorney’s fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement. FOURTH: The term of this Agreement will commence on October 31, 2026 and terminate on July 31, 2029, unless terminated earlier as provided herein. FIFTH: Either party may cancel this Agreement on thirty (30) days written notice to the other party. SIXTH: This Agreement shall not be enforceable unless signed by the parties and approved by the Office of the County Attorney. SEVENTH: All notices given pursuant to this agreement shall be in writing and effective on mailing. All notices shall be sent by registered or certified mail, return receipt requested or by overnight courier and mailed to the following addresses: To The County: Terrance Raynor Commissioner - Sheriff of Public Safety Saw Mill River Parkway Hawthorne, New York 10532 With a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To The Municipality: The Village of Croton on Hudson 1 Van Wyck Street . Croton On Hudson, NY 10520 or to such other addresses as may be specified by the parties hereto in writing. EIGHTH: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, comments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. NINTH: This Agreement is entered into solely between, and may be enforced only by, the County and the Municipality; and this Agreement shall not be deemed to create any rights in third parties, or to create any obligations of a Party to any such third parties. TENTH: Any delegation of duties or assignment of rights under this Agreement, without the prior express written consent of the County, is void. ELEVENTH: The Agreement shall be construed and enforced in accordance with the laws of the state of New York. IN WITNESS WHEREOF, the County and the Municipality have executed this Agreement in triplicate: By: ___________________________________ Terrance Raynor Commissioner-Sheriff Department of Public Safety By: __________________________________ The Village of Croton On Hudson Police Department Approved by the Board of Legislators of the County of Westchester on September 30, 2024 by Act No. 2024-171. Approved: _____________________________ Associate County Attorney The County of Westchester Vutera/DPS/134227/RICI IMAs 2024 MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) On this _______ day of ______________________ 20__, before me, the undersigned, personally appeared _____________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she is the ________________________________________ of , the municipal corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she executed the same in his/her capacity, and that by his/her signature(s) on the instrument, the municipal corporation executed the instrument. Notary Public County CERTIFICATE OF AUTHORITY (Municipality) I, , (Officer other than officer signing contract) certify that I am the of the (Title) (Name of Municipality) (the "Municipality"), a corporation duly organized and in good standing under the , (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement; that , (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, and that said (Title of such person), agreement was duly signed for and on behalf of said Municipality by authority of its , thereunto duly authorized and (Town Board, Village Board, City Council) that such authority is in full force and effect at the date hereof. STATE OF NEW YORK ) ss.: On this day of 20__, before me, the undersigned, personally appeared _____________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the above certificate and acknowledged to me that he/she executed the above certificate in his/her capacity as of _____________________, (Title) (Municipality) the municipal corporation described in and which executed the within instrument. Notary Public County SCHEDULE "A" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07) or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200, available to download at: www.wcb.state.ny.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of $100,000.00. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall indicate the following coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 per occurrence for bodily injury and a minimum limit of $100,000.00 per occurrence for property damage or a combined single limit of $1,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance polices shall be assumed by and be for the account of, and at the sole risk of, the Municipality.