The first incident was an Amber Alert and the second was a response to a robbery suspect that

25 Pages·2012·1.29 MB·English

LAW OFFICES
STORINO, RAMELLO & DURKIN
9501 WEST DEVON AVENUE
ROSEMONT, ILLINOIS 6OOI8
DONALD J. STORINO MICHAEL R. DURKIN
[phone]
MICHAEL K. DURKIN THOMAS J. HALLERAN
RICHARD J. RAMELLO ERIN C. MORIARTY
FACSIMILE [phone]
NICHOLAS S. PEPPERS
THOMAS M. BASTIAN JOSEPH G. KUSPER
ANGELO F. DEL MARTO September20,2012 MARK R. STEPHENS
JAMES E. MACHOLL BRYAN J. BERRY
BRIAN W. BAUGH ANN M. WILLIAMS
ANTHONY J. CASALE LEONARD P. DIORIO
ANDREWY. ACKER RICHARD F. PELLEGRINO
PETER A. PACIONE DONALD J. STORINO II
MELISSA A. MIROBALLI
OF COUNSEL
MATTHEW G. HOLMES
KATHLEEN M. REIFSNYDER IN REPLY REFERTO FILE NO.
S-l
Ms. Karen Sheley
RogerBaldwin Foundation ofACLU, Inc.
180North Michigan Avenue, Suite 2300
Chicago, Illinois 60601-1287
Re: FOIA RequestRegarding VillageofStreamwoodPolice
Department DeploymentofAutomatic LicensePlateReader
(ALPR) Technology
Dear Ms. Sheley:
The Village ofStreamwood is in receipt ofyour Freedom ofInformation Act (5 ILCS 140/1 et
seq.) ("FOIA") request. Records responsive to your request are enclosed herewith.
As we have discussed in our recent telephone conference, the Village of Streamwood has not
purchased ALPR Technology for installation in police assigned vehicles. The ALPR
Technology or option is included in the Gatso USA, Inc. Automated Red-light Enforcement
Program. The Village utilizes one automated red-light enforcement camera which is located at
the intersection ofRoute 19and Route 59 in the VillageofStreamwood. As you will discern
fromtheenclosedinformation,ALPRTechnologyisnotutilizedbythe Villagetorandomlyscan
motorvehiclelicenseplates. ALPRTechnologyhasbeenutilizedby the VillageofStreamwood
Police Department in two (2) instances since the inception of automated traffic enforcement.
Thefirstincident was an AmberAlertandthe second wasa responseto a robbery suspectthat
escaped fromtheCountySheriffs custodywhile beingtransportedfora courthearing.
Theenclosedmaterials indicatethe procedurefor inputtingthe license plate ofthe motorvehicle
in question and request ofGatso by the policedepartment to switch the camera from red-light
enforcementto "Amber Alert". The request to switch to ALPR Technology includes a time
period for the use ofALPR Technology after which the camera will revert to automated traffic
332283.1
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STOKINO, RAMELLO & DUKKIN
Ms. Karen Sheley
September20,2012
Page 2of2
enforcement. The Streamwood Police Department's procedure for switching from automated
red-light enforcement to video request or Amber Alert is set forth in Articles III and IV ofthe
enclosed Streamwood Police Department General Order.
Upon diligent search, the enclosed constitutes all documents in the possession ofthe Village of
Streamwood relevant to your request.
Should you have any questions or concerns in this regard, please do not hesitate to contact my
office.
Very truly yours,
STORINO, RAMELLO& DURKIN
Attorneysforthe/VillageofStreamwood
By: Thomas M. Bastian
TMB/dcs
Ends.
cc: AssistantChiefJames Gremo (w/encls.)
Kittie Kopitke (w/encls.)
332283.1
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<4&
RESOLUTION NO. 2008
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT
TO EXECUTE ON BEHALF OF THE VILLAGE, AND AUTHORIZING
THE VILLAGE CLERK TO ATTEST TO A CERTAIN AGREEMENT
WITH GATSO USA, INC.
BE IT RESOLVED by the President and Board of Trustees of the
Village of Streamwood, Cook County, Illinois that the Village
President is hereby authorized to execute on behalf of the
Village, and the Village Clerk is authorized to attest to, an
agreement with GATSO USA, INC. to provide a red-light photo-
enforcement program, in substantial conformity with the agreement
attached hereto and made a part hereof as Exhibit "A."
A
ROLL CALL VOTE: AYES
NAYS n.
ABSTENTIONS <Q_
ABSENT _£l
is /_]_ day of SsJyU I).
ADOPTED AND APPROVED thi , 2008
Village President
ATTESj
c
Village\QlepKT
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<§at!o)
Technology & Business Services Agreement
Thisagreement ismade onthe 17th dayofJuly,2008, between GATSO USA, Inc., a
Delawarecorporationwith a principal business address at 900 CummingsCenter, Suite
410-T, Beverly, Massachusetts 01915("GATSO") and the Village ofStreamwood,
Illinois, a municipality/villageofthe State ofIllinoiswith a principal business address of
301 E. IrvingPark Road, Streamwood, Illinois 60107.
WITNESSETH:
WhereastheVillagewishes to retainthe technology and business services ofGATSO
USAtosupplythe Villagewith a red-lightphoto-enforcementprogramforthe monitoring
of red-lightviolations and associated trafficoffenses.
1. DURATION ANDTERMINATION OF AGREEMENT
1.1 This agreement and theservices provided underthis agreement shall commence
three yearsfrom the time of IDOTpermit approvalfor IDOTcontrolled
intersectionsfor a period ofthree years, withtwo (2) optional one (1) year
extensions.
1.2 One yearextensions shall be renewed each yearon the anniversary of the start
date unlesstheVillage notifies GATSO inwritingof theirintentionto terminate
theagreement, at least30days priorto theanniversarydate.
1.3: Termination ofthe agreementcan be made atthe mutual agreement of both
GATSO and the Village.
1.4 Either partymay terminate this agreementfor cause if: (i)theotherparty has
breached its obligations underthis agreement; (ii)the state legislation is
amended to prohibitthe operation ofautomated trafficlaw enforcementsystems;
or(iii)anycourthavingjurisdiction overtheVillage's rules, orstate orfederal
statutedeclares, the resultsfrom the automated traffic law enforcementsystem is
inadmissible inevidence or otherwiseoverturnsthe state legislation. The
terminating party mustprovide 30 days advance noticeto theotherpartyofits
intenttoterminate, which noticeshall includethe reasonsforthe termination and,
inthecaseofa breach, shall providethe otherparty withan opportunityto cure
the breach withinthe30 day periodfollowingnoticefrom theterminating party.
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1.5 TheVillage isentitled totemninatethisagreement for convenience, provided that
theVillage provides60days advancenoticetoGATSOofitsintenttoterminate.
In theeventthatthe Village exercises itsoptiontoterminatefor convenience
withintheinitialthree yearterm, theVillage will be requiredto paytoGATSOa
penalty fee for suchtermination intheamountof$1,000 perapproach for each
monthremaining inthe initial threeyeartermofthisagreement.The penalty fee
will notbetriggered until aftertheexpiration ofthe60 daynoticeperiod, being
the "closedate," andthe penalty feewill be duetoGATSO30days aftersuch
close date. Nopenaltyfee will applyto atermination forconvenience bythe
Village duringany renewal term ofthis agreement.
1.6 Atthe close date forthisagreement, eitherthroughcontractdurationorthrough
termination forcause, convenience or mutual agreement; image capture
activitiesshallcease immediately howeverbothGATSO and theVillage accept
thatall photo-enforcementviolations still inprocessorcapturedpriortothe close
date shall beconcluded to theirfinal state, inthesame mannerand underthe
sameconditions ofcompensation.
1.7 Uponthe termination ofthis agreement, GATSO shall promptly remove all
associated hardwareand equipment, which removalshallbeno laterthan 45
days aftertermination. Upon removal ofthe hardware and equipment, GATSO
shallrestore the intersectionsto substantially the samecondition asexisted prior
tothis agreementand repair anydamage resulting from the installation or
removal of GATSO's hardware orequipment.
2. COMPENSATION
2.1 GATSOUSA proposes a compensation scheme based on a service fee per
transaction basis, correspondingwith State of Illinois supporting legislation ILCS
5/11-208.
2.2 Transactions comprise of:
Image capture $5.00
Initial review $5.00
DMVinquiry $5.00
Second review $5.00
Police Dept review preparation $5.00
Citationissuance &mailing $5.00
Maximum compensation perissued citationiscapped at $30.00
Inadditionto these fees, theVillagewill pay acharge of $15 per camera for each
hourthatthe camera is activated forAmberAlert, exceptthatthere is nocharge
. for the first 30 minutesofAmberAlertActivation for each camera forthe first five
activations inanyone month.
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2.3 All installedequipment underthiscontract shall remain the property ofGATSO
forthe duration ofthe agreementand anycosts associated withthe supply,
installation, commissioning, operation andmaintenance oftheoriginal configured
system shallbe atthe cost ofGATSO.
2.4 GATSOcontractsthat there shall be no additional charges for project start up
fees, program implementation, monthlyrental/lease fee percamera orper
approach andorpercentage ofrevenuescollected. All compensation paid to
GATSOshall bethat stated in 2.1
2.5 GATSOshall invoiceVillage for service feesonthe30th day ofeach month and
shall bepaid byVillage on orbeforethe30th day ofthefollowing month. Late
paymentfees of1.5%ofoutstanding balances asofthe30thday ofthedue
monthshall beaddedtothe invoice ofthe nextmonth.
3. SCOPE OFWORK
3.1 GATSO shallinstall, operate and maintainthe GATSOMETER red-light photo
enforcement system inaccordancewith standard installation practices at
locations agreedto between GATSO and theVillage.
The systemsthat will be installed,operated, and maintained by GATSO is
described more fully inExhibitA and will be installed atthe intersections
designated in ExhibitA. GATSO and theVillagewill mutuallyagree onthe
identificationofenforcedintersections based on communitysafetyandtraffic
needs as warranted. GATSO agreesthat installation, operation, and
maintenanceof the systemwill bein accordancewiththe provisions of
City/Village Municipal Code orCity/Village Ordinance, aswell as Section 11-
208.6ofthe IllinoisVehicle Code, 625 ILCS 5/11-208.6
3.2 A system shall remain atits initial locationforthe duration ofthe agreement
periodorfora minimum of one year before being movedto a newlocation and
only afterthewritten consentby both parties.
3.3 Each system shall operate on a continual 24 hour basis forthe duration ofthe
agreementand shall only be non-operational for periods ofmaintenance.
3.4 GATSOshall upload encrypted violation imagesand embedded violation data to
a secureGATSO serverin a timely mannerthat ensuresthe camera system
remains inoperation at alltimes. Images and data shall be correlatedto DMV
records and an electronicviolation package assembled.
3.5 GATSOshall processtheviolation imagesand data through a web-based
program and providethe Police Departmentwith limited accesstothat program
to enable Police Department review and approval/rejection ofviolations, priorto a
citation being issued.
3.6 GATSO shall issue mailed citationsthrough thisweb-based program and allow
forthe review ofviolationimages and data. Cited registered owners ofviolation
vehiclesare ableto view images and offensevideothough the web-portal by
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using unique identifiercodesissued oneach citation issued. Additionally, there
shall bea 1-800 helpdesknumbertoeitherdiscussthecitation inmoredetail or
acceptthe payment
3.7 GATSOshall provide necessarytraining andtraining documentation toVillage
employees, as designated.
3.8 GATSO shall storecaptured violation dataandimagesfor a period ofone year
from the violation date. The Village shallhave accesstothis data forthe
duration ofthe stored period.
3.9 GATSO shall provide paymentfacilities inthe form of'paybyweb','payby
phone' and 'pay bymail' for thepaymentofcitations issuedwithin thered-light
photoenforcement program. Payment facilities will alsoincludealock-box.
3.10 GATSOshallprovide monthlyreports tothe Village comprising ofstatistics
relatingtotheentire program, including butnotlimited to; the numberofcaptured
violations, the numberofviolations sent for police departmentapproval, number
of citations sentandthe numberof citations paid.
3.11 GATSO contracts to ensuretheGATSOMETER systems installed forthis
program shall be subjecttosoftware upgradeswhen available, without chargeto
theVillage.
3.12 GATSO contractsthat installationofequipment shall commencewithin 10
standardworkingdays afterall necessary state, county and villagepermitshave
been received.
3.13 GATSOshallprovide standardGATSOsignagetothe local approachroadsto an
enforced intersection at no costto the Village. Non-standard signage specified
bytheVillage shall be suppliedtotheVillage atcost andincludedwithin the first
invoice issuedto theVillage againstthis agreement.
3.14 GATSO shallprovideassistanceto supportthe Villageefforts inpubliceducation
and awareness programs,including but not limitedto;violationstatistics and
violation statisticimprovements.
3.15 TheVillage may from timetotimerequestchangesto the services requiredto be
performedorthe addition of productsorservicesto those requiredpursuantto
the terms ofthis Agreement by providing writtennoticethereofto GATSO. Upon
GATSO's receipt ofthe requested change, GATSO shall deliver a written
statementdescribingthe effect, ifany, the proposed changeswould have on the
pricing ofthis Agreement. Following theVillage'sreceiptofthe new pricing, the
Partiesshall negotiateto implementthe proposed changes, thetime, manner
and amountofpayment or priceincreasesordecreases, asthe case may be,
andany othermatters relatingtothe proposedchanges. Ifthe Villageand
GATSO fail to reach an agreementwithrespectto anyofthe proposed changes
itshall not be deemed to be a breach ofthis Agreement.
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4. VILLAGE RESPONSIBILITIES
4.1 TheVillage shall designate aVillageofficialwith theauthority toexercise theCity
responsibilitiesunderthisagreement.
TheVillage shall cooperatewith GATSOduring the planning, installation,
4.2
implementation and operation phasesofthe program.
4.3 TheVillage at nocost,shall provide permits orassist in the provision ofthose
permitstoGATSOfortheinstallation ofequipment necessaryfortheprogram.
4.4 ThePolice Departmentshallprovide authorized representativestocarefully
review uploaded violations sent by GATSO anddeterminewhethersaid
violationsaretobeapproved andsubsequentlymailed as citations, orrejected
and subsequentlyreported onwith the reasons ofrejection.
5. GENERAL PROVISIONS
5.1 Indemnification and Liability.
A. The Village hereby agrees to defend and indemnify and hold
harmless GATSO and its affiliates, shareholders orotherinterest holders,
managers, officers, directors, employees, agents, representatives and
successors, permitted assignees and all persons acting by, through,
under or inconcert with them (including but not limited tothe supplies of
equipment and installers), or any of them against, and to protect, save
and keep harmless the from, and to pay on behalf ofor reimburse the as
and when incurred for, any and all Losses which may be imposed on or
incurred byanyGATSO orequipmentprovided and/orinstallerarisingout
of orin anyway related to:
i. any material representation, inaccuracy or breach of any
covenant, warranty or representation of the Village
contained inthisAgreement;
ii. the willful misconduct of the Village, its employees
contractors or agents which result in bodily injury to any
natural person (including third parties) or any damage to
any real or tangible personal property (including the
personal property of third parties), except to the extent
caused by the willful misconductofanyGATSO Party;
iii. any claim, action or demand not caused by GATSO's
failure to perform its obligations underthisAgreement; or
iv. any claim, action or demand challenging the Village's use
of the Automated Traffic Law Enforcement System or any
portion thereof, the validityof the results oftheVillage's use
of the Automated Traffic Law Enforcement System or any
portion thereof; validityof the Citations issued, prosecuted
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and collected as a result of the Village's use of the
Automated Traffic Law Enforcement System provided by
GATSO.
B. GATSO hereby agrees to defend and indemnify and hold
harmless the Village manager, officers, directors, employees, agents,
representatives and successors, permitted assignees and each of their
affiliates, and all persons acting by, through, under or in concert with
them, or any of them against, andto protect, save and keep harmless the
Village Parties from, and to pay on behalf of or reimburse the Village
Parties as and when incurred for, any and all liabilities, obligations,
losses, damages, penalties, demands, claims, actions, suits, judgments,
settlements, costs, expenses and disbursements (including reasonable
attorneys' fees and court costs) ofwhatever kind and nature, which may
be imposedon orincurred byanyVillage Party arising out ofor relatedto:
i. any material misrepresentation, inaccuracy or breach ofan
covenant, warranty or representation of GATSO contained
inthis Agreement;
ii. the willful misconduct of GATSO, its employees or agents
which result indeath or bodily injuryto any natural person
(including third parties) or any damage to any real or
tangible personal property (includingthe personal property
of third parties), except to the extent caused by the willful
misconductof any Village oranyof itsagents; or
iii. any claim, action or demand not caused by the Village's
failure to performitsobligations underthis Agreement.
C. Notwithstanding anything to the contrary in this Agreement,
neither Party shall be liableto the other, by reason of any representation
or express or implied warranty, condition or other term or any duty at
common or civil law, for any lost profits; indirect, incidental, or
consequentialdamages, howevercaused.
D. Inthe event any claim, action or demand in respect of which any
Party hereto seeks indemnification from the other, the Party seeking
indemnification shall give the Party from whom indemnification is being
sought written notice of such Claim promptly after the Indemnified Party
first becomes aware. The Party from whom indemnifications is being
sought shall have the right to choose counsel to defend such Claim
(subject to approval of such counsel by the other Party, which approval
shall not be unreasonably withheld, conditioned or delayed), and to
control, and settle such Claim. The Party from whom indemnifications is
being sought shall have the rightto participate in the defense at its sole
expense; provided.
5.2 Relationshipbetween GATSO andthe Village. Nothinginthis Agreement
shall create, or be deemed to create, a partnership, joint venture or the
relationship of principal and agent or employer and employee between the
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parties. The relationship between the Parties shall be that of independent
contractors, and nothing contained inthis Agreement shall permit either Party to
incur any debts orliabilities orobligations on behalfofthe other Party (except as
specifically provided herein).
5.3 Assignment Neither Party may assign all or any portion of this
Agreementwithout the priorwritten consent of the other, which consent shall not
be unreasonablywithheld ordelayed.
5.4 Applicable Law.This Agreementshall begoverned by and construed in
allrespects solelyinaccordancewiththe laws ofthe State ofIllinois.
5.5 Jurisdiction and Venue. Anydispute arising out of or in connectionwith
this Agreement shallbe submittedto theexclusive jurisdictionand venueof the
State Courts ofthe State of Illinois located intheCountytheVillage resides, and
both Partiesspecificallyagreeto be bound by thejurisdictionand venuethereof.
Inwitnessthereof, GATSO USA andtheVillage ofStreamwood haveexecuted this
agreementasofthe date stated above.
For and on behalfofGATSO USA Forand on behalfofVillage ofStreamwood,
Illinois
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