R-19-04VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R-19-4
A RESOLUTION AUTHORIZING THE APPROVAL OF AN
INTERGOVERNMENTAL AGREEMENT ESTABLISHING
A JOINT EMERGENCY TELEPHONE SYSTEM BOARD
WHEREAS, the Village of Deerfield has previously created a Joint Emergency
Telephone System Board with the Village of Bannockburn to provide for 9-1-1 service
and the operation of a Public Safety Answering Point (PSAP) to the residents of the
Village of Deerfield and the Village of Bannockburn; and
WHEREAS, the Village of Lincolnshire previously operated its own Emergency
Telephone System Board and contracted for dispatch service from the Village of Vernon
Hills; and
WHEREAS, the Village of Lincolnshire has determined to suspend the operation
of its Emergency Telephone System Board and join with the Village of Deerfield and the
Village of Bannockburn to establish the Deerfield, Bannockburn and Lincolnshire Joint
Emergency Telephone System Board; and
WHEREAS, joint emergency telephone system boards are authorized pursuant to
the terms of Sections 15.4 and 15.4a of the Illinois Emergency Telephone System Act, 50
ILCS 750/1 et seq.; and
DEERFIELD, VILLAGE / ETSB/911 issues / Resolution Approving Joint ETSB IGA - Deerfield /302957
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the
Intergovernmental Cooperation Act, 5 11 -CS 220/1 et seq. provide for intergovernmental
cooperation between units of local government, including the power to contract or
otherwise associate among themselves to obtain or share services and to exercise,
combine, or transfer any power or function in any manner not prohibited by law or
ordinance; and
WHEREAS, the Village of Deerfield, the Village of Bannockburn and the
Village of Lincolnshire have determined that it is in their mutual best interests, and in the
furtherance of public health, safety, and welfare to enter into an Intergovernmental
Agreement creating the Deerfield, Bannockburn and Lincolnshire Joint Emergency
Telephone System Board.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND THE
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND
COOK COUNTIES, ILLINOIS as follows:
SECTION 1: The President and Village Clerk of the Village of Deerfield are
hereby authorized and directed to respectively execute and attest a certain
"Intergovernmental Agreement Establishing a Joint Emergency Telephone System Board
with the Villages of Bannockburn and Lincolnshire" a copy of which is attached hereto as
Exhibit A, 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.
DEERFIELD, VILLAGE / ETSB/911 issues / Resolution Approving Joint ETSB IGA - Deerfield /302957
PASSED this 19th day of February 2019.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 20th day of
ATTEST:
�'
44�—
Vililage Clerk
February 2019.
Village resident
DEERFIELD, VILLAGE / ETSB/911 issues / Resolution Approving Joint ETSB IGA - Deerfield /302957
VILLAGE OF BANNOCKBURN
RESOLUTION NO. 2019-R- Oq
A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL
AGREEMENT ESTABLISHING
A JOINT EMERGENCY TELEPHONE SYSTEM BOARD
WHEREAS, the Village of Bannockburn has previously created a Joint Emergency
Telephone System Board with the Village of Deerfield to provide for 9-1-1 service and the
operation of a Public Safety Answering Point (PSAP) to the residents of the Village of
Bannockburn and the Village of Deerfield; and
WHEREAS, the Village of Lincolnshire previously operated its own Emergency
Telephone System Board and contracted for dispatch service from the Village of Vernon Hills;
and
WHEREAS, the Village of Lincolnshire has determined to suspend the operation of its
Emergency Telephone System Board and join with the Village of Bannockburn and the Village of
Deerfield to establish the Deerfield, Bannockburn and Lincolnshire Joint Emergency Telephone
System Board; and
WHEREAS, joint emergency telephone system boards are authorized pursuant to the
terms of Sections 15.4 and 15.4a of the Illinois Emergency Telephone System Act, 50 ILCS 750/1
et seq.; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. provide for intergovernmental
cooperation between units of local government, including the power to contract or otherwise
associate among themselves to obtain or share services and to exercise, combine, or transfer any
power or function in any manner not prohibited by law or ordinance; and
WHEREAS, the Village of Bannockburn, the Village of Deerfield and the Village of
Lincolnshire have determined that it is in their mutual best interests, and in the furtherance of
2
public health, safety, and welfare to enter into an Intergovernmental Agreement creating the
Deerfield, Bannockburn and Lincolnshire Joint Emergency Telephone System Board.
NOW THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of
the Village of Bannockburn, County of Lake, State of Illinois, as follows:
SECTION ONE: Recitals. The foregoing recitals are incorporated into and made a part
of this Resolution as if fully set forth in this Section One.
SECTION TWO: Authorization. The President and Village Clerk of the Village of
Bannockburn are hereby authorized and directed to respectively execute and attest a certain
"Intergovernmental Agreement Establishing a Joint Emergency Telephone System Board," in
substantially the form attached hereto and made a part hereof as Exhibit "A", for and on behalf of
the Village of Bannockburn.
SECTION THREE: Effective Date. That this Resolution shall be in full force and effect
from and after its passage and approval as provided by law.
PASSED THIS 11th day of February, 2019.
AYES: f v1,—s
NAYS:O
ABSENT: f�-QA C C& 1-wxf�
APPROVED THIS 11th day of February, 2019.
Vi
illage Pr sident
IT: n
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Cl rk
3
Exhibit A
Intergovernmental Agreement Establishing a Joint Emergency Telephone System Board
INTERGOVERNMENTAL AGREEMENT ESTABLISHING
A JOINT EMERGENCY TELEPHONE SYSTEMS BOARD
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement') is made and
entered into as of February 19, 2019 (the "Effective Date"), by and between the Village
of Deerfield, an Illinois home rule municipal corporation (hereinafter, "Deerfield"), the
Village of Bannockburn, an Illinois home rule municipal corporation (hereinafter,
"Bannockburn"), and the Village of Lincolnshire, an Illinois home rule municipal
corporation (hereinafter, "Lincolnshire"), (For convenience, Deerfield, Bannockburn,
Lincolnshire, may be referred to individually as a "Party" and collectively as the
"Parties.")
RECITALS
A. Deerfield operates a full service dispatch center from a facility located at
850 Waukegan Road, Deerfield, Illinois (the "Deerfield Communication Center").
B. The Deerfield Communication Center is a public safety answering
point ("PSAP"), as defined in the Emergency Telephone Systems Act, 50 ILCS 750/0.01,
et seq. (the "Act').
C. Bannockburn and Lincolnshire have each entered into intergovernmental
agreements with Deerfield (collectively, the "Dispatch Service Agreements"), pursuant to
which Deerfield provides dispatch services to each of those Parties.
D. Each of Deerfield, Bannockburn and Lincolnshire either has an emergency
telephone systems board, as defined in the Act, appointed by its corporate authorities or
is a member of another Joint Emergency Telephone Systems Board.
E. Section 15.4 of the Act authorizes any two or more municipalities,
counties, or combinations thereof, to establish by intergovernmental agreement a joint
emergency telephone system board, as defined therein.
F. Moreover, Section 15.4a of the Act sets forth certain consolidation
requirements to ensure, among other things, that no 9-1-1 Authority, as defined in the Act,
serves a population of less than 25,000, and that any 9-1-1 Authority without a PSAP in
its jurisdiction be consolidated through an intergovernmental agreement with an existing
9-1- 1 Authority that has a PSAP to create a joint emergency telephone systems board,
G. Article VII, Section 10 of the Illinois Constitution of 1970 provides
for
intergovernmental cooperation between units of local government, including the power to
contract or otherwise associate among themselves to obtain or share services and to
exercise, combine, or transfer any power or function in any manner not prohibited by law
or by ordinance.
H. The Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,
provides that any power or powers, privileges or authority exercised or which may be
exercised by a unit of local government may be exercised and enjoyed jointly with any
other unit of local government.
1
I. The Parties are units of local government, and Deerfield and Lincolnshire are
home rule municipalities.
J. Deerfield, Bannockburn and Lincolnshire desire to establish a new joint
emergency telephone system board to comply with the consolidation requirements of
Section 15.4a of the Act, as described above.
K. Public Act 99-0006 created a uniform statewide surcharge and
centralized collection and distribution of 9-1-1 surcharge revenues under the Illinois State
Police ("ISP"), and provides that ISP will distribute surcharge revenues to joint emergency
telephone system boards.
L. The Parties have determined that it is their mutual best interests,
and in furtherance of the public health, safety, and welfare, to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
the Parties, the Parties hereby agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are material
to this
Agreement and are incorporated herein as if set forth in full. In the event of any ambiguity
in the enforcement and implementation of this Agreement, it is the Parties' intent for the
Agreement to be construed to most completely accomplish the purposes described in the
foregoing recitals.
Section 2. Dispatch Service Agreements. The Parties expressly acknowledge
and agree that the Dispatch Service Agreements remain in full force and effect, and are
not amended, modified, or superseded in any way by this Agreement. To the extent that
there are any conflicts between the provisions of the Dispatch Service Agreements and
this Agreement, the provisions of the Dispatch Service Agreements shall prevail.
Section 3. Creation of JETSB. Effective May 1, 2019 (the "Commencement
Date"), the Parties establish a joint emergency telephone system board (the "JETSB" or
the "Board"), as defined in the Act. The organization and powers of the JETSB shall be
as set forth both herein and in Section 15.4 of the Act. Pursuant to Section 15.4(e) of the
Act, the corporate authorities of each Party shall rescind the ordinance or ordinances
creating that Party's individual emergency telephone system boards or their current
membership in another joint emergency telephone system board, effective upon the
creation of the JETSB on the Commencement Date, subject to regulatory approval of the
consolidation plan to which this Agreement pertains (the "Consolidation Plan") by the
Statewide 9-1-1 Administrator. In the event the Consolidation Plan is not approved, the
parties will work together to resubmit the Consolidation Plan for approval.
Notwithstanding anything herein to the contrary, the Commencement Date shall not occur
before the Consolidation Plan is approved by the Statewide 9-1-1 Administrator.
Section 4. Board Composition.
A. Each Party to this Agreement shall be represented by two members of the
Board (each, a "Board Member"). Each Party's Board Member shall be designated by the
governing board of each of the parties. One Board Member from each Party shall
2
represent such Party's public safety agencies, including but not limited to the police
department, fire department or emergency medical services provider, and shall be
appointed on the basis of their ability or experience. The other Board Member from each
Party is permitted to be an elected or appointed official or an employee of such Party. At
least one Board Member from Deerfield shall be a representative of the PSAP.
B. Each Party may designate an alternate (each, an "Alternate") to attend
regular and special Board meetings, with the same voting power as a Board Member,
when a Board Member is incapable of attending.
C. One additional member of the Board shall be a public member who is a
resident of the local exchange service territory included in the 9-1-1 coverage area served
by the JETSB. Each Party to this Agreement shall take turns appointing the public
member, commencing in alphabetical order by Party name. The public member need not
be a resident of the Party making the appointment so long as the public member is a
resident of the 9-1-1 coverage area served by the JETSB. Each public member shall
serve a three (3) year term.
D. At the first meeting of the Board, the Board shall elect a Chairman from
among its members, who shall preside over all Board meetings. The term of the first
Chairman shall be for a one-year term, or until April 30, 2020, whichever occurs first. In
each subsequent year, the Chairman will rotate through each of the Parties for a one-year
term. In the absence of the Chairman at any meeting, the Board shall elect a temporary
chair to preside over the meeting.
E. At the first meeting of the Board in each fiscal year, the Board shall elect a
Secretary from among its Members, who shall be responsible for keeping the Board's
records and for taking minutes of all Board meetings. The term of the Secretary shall be
one year.
F. At the first meeting of the Board, the Board shall select which Board Members
shall serve an initial term of 1, 2 or 3 years. Upon the expiration of each Board Member's
initial term, the succeeding term shall be for three years.
G. The JETSB's fiscal year shall be from May 1 to April 30.
H. The Deerfield Finance Director, as ex officio Treasurer, shall act as the
treasurer and FOIA compliance officer. The Treasurer shall not be a voting member of
the Board nor count towards a quorum.
Section 5. Board Powers.
The powers of the JETSB shall be limited to the following:
A. Maintaining control over the Fund, defined in Section 7 hereof, including:
1. Receiving monies from the surcharge imposed under Section 15.3
of the Act, or disbursed to it under Section 30 of the Act, and from any other source,
for deposit into the Fund, as defined in Section 7, herein; and
2. Authorizing all disbursements from the Fund pursuant to Section
7 of this Agreement.
B. Planning and maintaining the System (defined herein). On behalf of the
Board, Deerfield shall exercise these powers pursuant to the Dispatch Service
Agreements, including:
1. Planning a 9-1-1 system (the "System");
2. Coordinating and supervising any implementation, upgrading, or
maintenance of the System approved by the Board, including the establishment of
equipment specifications and coding systems and maintenance of a Master Street
Address Guide database that meets the requirements of Section 15.4(d) of the
Act;
3. Hiring, on a temporary or permanent basis, any staff necessary for
the implementation or upgrade of the System;
4. Contracting with telecommunications providers to service the System
and reviewing and approving all Network Costs incurred in the provision of such
services; and
5. Preparing all annual reports required to be provided to the Statewide
9-1-1 Administrator or any other government agency pursuant to the Act.
C. Any other powers conferred upon it by the Act.
Section Board Meetinas and FOIA
A. The Board shall adopt an annual regular meeting schedule in accordance
with the Open Meetings Act, 5 ILCS 120/1, et seq. (the "OMA").
B. Special meetings of the Board may be called by the Chairman or by Members
representing a majority of a quorum of the Board.
C. A majority of all Board Members then holding office shall constitute a quorum
for the transaction of all business by the Board.
D. All meetings of the JETSB shall comply with the requirements of the OMA.
E. A simple majority vote of all Board Members present shall be required to pass
any motion or resolution.
F. Each Board Member shall be entitled to one vote on each matter of business
considered by the Board.
G. No Board Member shall be permitted to vote by proxy.
4
H. A Board Member shall be allowed to attend a meeting electronically and
participate in such meetings, and exercise all rights and privileges of a Board Member,
whenever the following criteria are satisfied:
1. A quorum of the Board is physically present for the meeting;
2. The Board Member has given notice to the Board Secretary at least
24 hours in advance of the meeting of the Board Member's absence
and the reasons therefor;
3. The Board Member's absence is caused by (i) personal illness or
disability; (ii) employment purposes or the business of Board or the
Member's public body; or (iii) a family or other emergency; and
4. An audio and/or video conference is established which is capable of
permitting all Members of the Board participating in the meeting to be
heard by each other.
When a Member participates in a meeting electronically, all votes shall be taken by
roll call and the votes of each Member shall be recorded in the Board's minutes.
I. The Board may adopt bylaws, rules for public comment and additional rules
of procedure it deems appropriate for conducting business.
J. Unless otherwise provided in rules of procedure adopted by the Board, Board
meetings shall be conducted in accordance with the current edition of Robert's Rules of
Order.
K. All FOIA requests for the JETSB are to be submitted to the Treasurer.
Section 7. Emergency Telephone System Fund and Distribution
A. Effective on the Commencement Date, there shall be created an Emergency
Telephone System Fund (hereafter the "Fund") into which all 9-1-1 surcharge revenues
and reserve balances of the Parties' respective ETSB funds received by the Board shall
be deposited. The Fund shall have a separate interest-bearing account. All interest
accruing in the Fund shall remain in the Fund, until such time as it is disbursed, on a pro -
rata basis, using month-end balances attributable to each Party, by resolution of the
Board.
B. No expenditures of 9-1-1 surcharge revenues may be made except upon
direction of the Board. The Parties agree that at the Board's regular meetings, the Board
will, in addition to any other business, consider Parties' requests for disbursements made
in accordance with Section 7.D.4 hereof.
C. The Parties agree that accounting of money deposited to and distributions
made from the Fund shall occur as follows:
ISP will distribute 9-1-1 surcharge revenues to the Fund in
5
exercised by a unit of local government may be exercised and enjoyed jointly with any
other unit of local government.
I. The Parties are units of local government, and Deerfield and Lincolnshire
are home rule municipalities.
J. Deerfield, Bannockburn and Lincolnshire desire to establish a new joint
emergency telephone system board to comply with the consolidation requirements of
Section 15.4a of the Act, as described above.
K. Public Act 99-0006 created a uniform statewide surcharge and
centralized collection and distribution of 9-1-1 surcharge revenues under the Illinois
State Police ("ISP"), and provides that ISP will distribute surcharge revenues to joint
emergency telephone system boards.
L. The Parties have determined that it is their mutual best interests,
and in furtherance of the public health, safety, and welfare, to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
the Parties, the Parties hereby agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are
material to this
Agreement and are incorporated herein as if set forth in full. In the event of any
ambiguity in the enforcement and implementation of this Agreement, it is the Parties'
intent for the Agreement to be construed to most completely accomplish the purposes
described in the foregoing recitals.
Section 2. Dispatch Service Aareements. The Parties expressly
acknowledge and agree that the Dispatch Service Agreements remain in full force and
effect, and are not amended, modified, or superseded in any way by this Agreement. To
the extent that there are any conflicts between the provisions of the Dispatch Service
Agreements and this Agreement, the provisions of the Dispatch Service Agreements
shall prevail.
Section 3. Creation of JETSB. Effective May 1, 2019 (the
"Commencement Date"), the Parties establish a joint emergency telephone system
board (the "JETSB" or the "Board"), as defined in the Act. The organization and powers
of the JETSB shall be as set forth both herein and in Section 15.4 of the Act. Pursuant
to Section 15.4(e) of the Act, the corporate authorities of each Party shall rescind the
ordinance or ordinances creating that Party's individual emergency telephone system
boards or their current membership in another joint emergency telephone system board,
effective upon the creation of the JETSB on the Commencement Date, subject to
regulatory approval of the consolidation plan to which this Agreement pertains (the
"Consolidation Plan") by the Statewide 9-1-1 Administrator. In the event the
Consolidation Plan is not approved, the parties will work together to resubmit the
Consolidation Plan for approval. Notwithstanding anything herein to the contrary, the
Commencement Date shall not occur before the Consolidation Plan is approved by the
Statewide 9-1-1 Administrator.
6
Section 4. Board Composition.
A. Each Party to this Agreement shall be represented by two members of the
Board (each, a "Board Member"). Each Party's Board Member shall be designated by
the governing board of each of the parties. One Board Member from each Party shall
represent such Party's public safety agencies, including but not limited to the police
department, fire department or emergency medical services provider, and shall be
appointed on the basis of their ability or experience. The other Board Member from
each Party is permitted to be an elected or appointed official or an employee of such
Party. At least one Board Member from Deerfield shall be a representative of the PSAP.
B. Each Party may designate an alternate (each, an "Alternate") to attend
regular and special Board meetings, with the same voting power as a Board Member,
when a Board Member is incapable of attending.
C. One additional member of the Board shall be a public member who is a
resident of the local exchange service territory included in the 9-1-1 coverage area
served by the JETSB. Each Party to this Agreement shall take turns appointing the
public member, commencing in alphabetical order by Party name. The public member
need not be a resident of the Party making the appointment so long as the public
member is a resident of the 9-1-1 coverage area served by the JETSB. Each public
member shall serve a three (3) year term.
D. At the first meeting of the Board, the Board shall elect a Chairman from
among its members, who shall preside over all Board meetings. The term of the first
Chairman shall be for a one-year term, or until April 30, 2020, whichever occurs first. In
each subsequent year, the Chairman will rotate through each of the Parties for a one-
year term. In the absence of the Chairman at any meeting, the Board shall elect a
temporary chair to preside over the meeting.
E. At the first meeting of the Board in each fiscal year, the Board shall elect a
Secretary from among its Members, who shall be responsible for keeping the Board's
records and for taking minutes of all Board meetings. The term of the Secretary shall be
one year.
F. At the first meeting of the Board, the Board shall select which Board
Members shall serve an initial term of 1, 2 or 3 years. Upon the expiration of each
Board Member's initial term, the succeeding term shall be for three years.
G. The JETSB's fiscal year shall be from May 1 to April 30.
H. The Deerfield Finance Director, as ex officio Treasurer, shall act as the
treasurer and FOIA compliance officer. The Treasurer shall not be a voting member of
the Board nor count towards a quorum.
Section 5. Board Powers.
The powers of the JETSB shall be limited to the following:
A. Maintaining control over the Fund, defined in Section 7 hereof, including:
7
1. Receiving monies from the surcharge imposed under Section 15.3
of the Act, or disbursed to it under Section 30 of the Act, and from any other
source, for deposit into the Fund, as defined in Section 7, herein; and
2. Authorizing all disbursements from the Fund pursuant to
Section 7 of this Agreement.
B. Planning and maintaining the System (defined herein). On behalf of the
Board, Deerfield shall exercise these powers pursuant to the Dispatch Service
Agreements, including:
1. Planning a 9-1-1 system (the "System");
2. Coordinating and supervising any implementation, upgrading, or
maintenance of the System approved by the Board, including the establishment
of equipment specifications and coding systems and maintenance of a Master
Street Address Guide database that meets the requirements of Section 15.4(d)
of the Act;
3. Hiring, on a temporary or permanent basis, any staff necessary for
the implementation or upgrade of the System;
4. Contracting with telecommunications providers to service the
System and reviewing and approving all Network Costs incurred in the provision
of such services; and
5. Preparing all annual reports required to be provided to the
Statewide 9-1-1 Administrator or any other government agency pursuant to the
Act.
C. Any other powers conferred upon it by the Act.
Section 6. Board Meetinas and FOIA
A. The Board shall adopt an annual regular meeting schedule in accordance
with the Open Meetings Act, 5 ILCS 120/1, et seq. (the "OMA").
B. Special meetings of the Board may be called by the Chairman or by
Members representing a majority of a quorum of the Board.
C. A majority of all Board Members then holding office shall constitute a
quorum for the transaction of all business by the Board.
D. All meetings of the JETSB shall comply with the requirements of the OMA.
E. A simple majority vote of all Board Members present shall be required to
pass any motion or resolution.
F. Each Board Member shall be entitled to one vote on each matter of
business considered by the Board.
G. No Board Member shall be permitted to vote by proxy.
H. A Board Member shall be allowed to attend a meeting electronically and
participate in such meetings, and exercise all rights and privileges of a Board Member,
whenever the following criteria are satisfied:
1. A quorum of the Board is physically present for the meeting;
2. The Board Member has given notice to the Board Secretary at least
24 hours in advance of the meeting of the Board Member's absence
and the reasons therefor;
3. The Board Member's absence is caused by (i) personal illness or
disability; (ii) employment purposes or the business of Board or the
Member's public body; or (iii) a family or other emergency; and
4. An audio and/or video conference is established which is capable of
permitting all Members of the Board participating in the meeting to
be heard by each other.
When a Member participates in a meeting electronically, all votes shall be taken by
roll call and the votes of each Member shall be recorded in the Board's minutes.
I. The Board may adopt bylaws, rules for public comment and additional rules
of procedure it deems appropriate for conducting business.
J. Unless otherwise provided in rules of procedure adopted by the Board,
Board meetings shall be conducted in accordance with the current edition of Robert's
Rules of Order.
K. All FOIA requests for the JETSB are to be submitted to the Treasurer.
Section 7. Emergency Telephone System Fund and Distribution.
A. Effective on the Commencement Date, there shall be created an
Emergency Telephone System Fund (hereafter the "Fund") into which all 9-1-1
surcharge revenues and reserve balances of the Parties' respective ETSB funds
received by the Board shall be deposited. The Fund shall have a separate interest-
bearing account. All interest accruing in the Fund shall remain in the Fund, until such
time as it is disbursed, on a pro -rata basis, using month-end balances attributable to
each Party, by resolution of the Board.
B. No expenditures of 9-1-1 surcharge revenues may be made except upon
direction of the Board. The Parties agree that at the Board's regular meetings, the
Board will, in addition to any other business, consider Parties' requests for
disbursements made in accordance with Section 7.D.4 hereof.
C. The Parties agree that accounting of money deposited to and distributions
9
made from the Fund shall occur as follows:
1. ISP will distribute 9-1-1 surcharge revenues to the Fund in
accordance with the Act and any applicable administrative rules;
2. 9-1-1 surcharge revenues will be accounted for according to each
Party's jurisdiction where the revenue was collected based on the funding level
set forth in the Act, as the Act may be amended from time to time;
3. The Treasurer shall account for and report 9-1-1 surcharge
revenues collected by the Board and attributed to each Party;
4. At any meeting of the Board, a Party may request approval from the
Board to use 9-1-1 surcharge revenue in satisfaction of allowable expenditures
under the Act ("Allowable Expenditures") for which the requesting Party has
legally obligated itself as of the date of the disbursement request. No later than 5
business days prior to the Board meeting, a requesting Party shall submit to the
Treasurer a certified statement detailing the nature and amounts of such
Allowable Expenditures for which disbursement is sought, together with
supporting documentation concerning such Allowable Expenditures ("Supporting
Documentation"), the sufficiency of which shall be determined by the Treasurer.
Such Supporting Documentation may include, without limitation, approved and
executed contracts and/or purchase orders. The Board shall consider and act
promptly upon all such requests properly submitted.
5. At its first meeting during any fiscal year, the Board may approve
disbursements to each Party for Allowable Expenditures that constitute the
applicable percentage of that year's annual amounts due under each Party's
Dispatch Service Agreement. Such action shall authorize the Treasurer to
disburse said amounts to each Party as surcharge revenues attributable to that
Party are received and deposited in the Fund, without further action by the Board
during that fiscal year, subject to Section 7.C.6, below.
6. No Party shall be entitled to receive any disbursement in excess of
the balance held in the Fund that is attributable to that Party at the time of its
request for disbursement.
7. Upon approval by the Board, the Treasurer shall execute approved
disbursements from the Fund to each Party within 10 business days.
8. Moneys other than 9-1-1 surcharge revenues that are related to the
operation of the System and properly received by the Board, including, but not
limited to grant funds, shall be placed in the Fund and disbursed pursuant to
direction of the Board.
D. As of the Commencement Date, if a Party has a reserve balance of 9-1-1
surcharge revenues, or if that Party receives additional 9-1-1 surcharge revenues
directly from the State of Illinois, or if that Party receives a disbursement upon
withdrawing from another joint emergency telephone system board, that Party shall
transfer such revenues into the Fund and such revenues will be recorded as attributable
10
to that Party.
E. Each Party shall have the right to review the records and conduct, at its
sole expense, an independent audit of the deposits into and expenditures from the Fund
by the Board upon ten business days' notice. The Treasurer will take all commercially
reasonable steps to cooperate and assist any Party seeking to conduct such a review or
audit. If the Party's independent audit demonstrate that the Fund contains an error of
greater than 5% of the balance attributable to such Party, the Board shall reimburse the
Party for the costs of the audit.
F. The Treasurer shall maintain detailed books and records related to
consolidation grants and surcharge disbursements received and the use of those funds
in accordance with applicable law and generally accepted accounting principles. The
Treasurer shall maintain such books and records for a minimum of five years. All such
books and records shall be available for review or audit by the Department of State
Police, its representatives, the Illinois Auditor General, and other governmental entities
with monitoring authority, upon reasonable notice and during normal business hours.
The Treasurer and the Board shall cooperate fully with any such review or audit.
Section 8. Entry and Termination.
A. Each municipality or county that becomes a party to this Agreement after
the Effective Date hereof (each, a "Subsequent Party") shall be entitled to representation
on the Board in the same manner as described in Section 4.A. of this Agreement. Each
Subsequent Party shall rescind its ordinance or ordinances creating its individual
emergency telephone system board, and shall eliminate such emergency telephone
system board, upon becoming a Subsequent Party. Alternatively, each Subsequent
Party shall rescind its ordinance or ordinances joining another joint emergency
telephone system board and withdraw therefrom effective upon becoming a Subsequent
Party.
B. Any municipality or county wishing to become a Subsequent Party may
make application for such status (each, a "Subsequent Party Application") to the JETSB.
Any Subsequent Party Application shall include a copy of a resolution duly adopted by
the corporate authorities of the applying entity expressing that entity's desire and intent
to become a Subsequent Party and approving the same, subject to the approval of the
JETSB. The JETSB shall review any Subsequent Party Application and determine, by
vote of all Board Members then holding office, whether to admit the applying entity as a
Subsequent Party. Each Party and Subsequent Party delegates to its respective Board
Member the express authority to act on behalf of that Party or Subsequent Party in
accordance with the provisions of this Section 8.
C. As a condition to becoming a Subsequent Party, each Subsequent Party
must enter into an agreement pursuant to which Deerfield shall provide dispatch
services to that Subsequent Party, similar in form and scope to the Dispatch Service
Agreements for the other Parties.
D. Any Party or Subsequent Party may terminate its status as such and
withdraw from the Board by providing written notice to the Treasurer identifying the joint
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emergency telephone system board that such Party or Subsequent Party will join upon
termination and withdrawal from the Board. The effective date of any Party's termination
under this paragraph shall be the end of the fiscal year which occurs not less than
twelve months after the date of notice of intent to withdraw. Notwithstanding the
foregoing, if applicable law is amended such that the Parties' participation in a joint
emergency telephone systems board is no longer required, then any Party may
terminate its status as a Party and withdraw from the Board upon thirty (30) days written
notice to the Treasurer, and without the need to identify any other joint emergency
telephone systems board that it intends to join.
E. Any Party or Subsequent Party that terminates its status and withdraws
from the Board, shall, after the effective date of the withdrawal, receive a final
distribution from the Fund in proportion to its remaining balance of funds in the Fund.
Such distribution shall be made in accordance with Section 7 of this Agreement and any
other Board rules and procedures with respect to Fund expenditures.
F. Upon expiration or termination of any Party's Dispatch Service Agreement
with Deerfield, the Board Shall, in its discretion and upon passage of a resolution,
terminate that Party's participation in the JETSB. In that event, the termination of that
Party's participation in the JETSB shall be effective upon 120 days written notice by the
JETSB.
Section 9. 9-1-1 Authority. The Parties acknowledge that Title 83, Parts 1325
and 1328 of the Illinois Administrative Code (the "Rules") sets forth standards of service
applicable to 9-1-1 emergency systems and standards of service applicable to wireless
9-1-1 emergency systems. The Parties further acknowledge and agree that Deerfield
shall perform the administrative functions of the "9-1-1 Authority" described in the Rules.
For all other purposes, the Board shall serve as, and perform the functions of, the "9-1-1
Authority" as referenced elsewhere in the Rules.
As additional consideration for Deerfield performing the administrative
functions of the 9-1-1 Authority, the Board shall indemnify and hold Deerfield harmless
and free from liability of any kind whatsoever arising from third party claims resulting
from the acts or conduct of Deerfield, their agents, representatives and employees in the
performance of the administrative functions of the 9-1-1 Authority, except to the extent
caused by the Intentional or gross negligence acts or omissions of Deerfield, its agents,
representatives, employees, officers and anyone for whom it may be held liable. The
Parties agree that the indemnity described herein is not intended to apply to (a) claims
by the Parties that Deerfield has breached this Agreement, or (b) the performance of
dispatch services, which is addressed separately in the Dispatch Service Agreements.
Nothing herein waives any immunities Deerfield may assert.
Section 10. General Provisions.
A. Notice. Any notice or communication required or permitted to be
given under this Agreement shall be in writing and shall be delivered (i)
personally, (ii) by a reputable overnight courier, or (iii) by certified mail, return
receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless
otherwise provided in this Agreement, notices shall be deemed received after the
first to occur of (a) the date of actual receipt; or (b) the date that is one (1)
12
business day after deposit with an overnight courier as evidenced by a receipt of
deposit; or (b) the date that is three (3) business days after deposit in the U.S.
mail, as evidenced by a return receipt. Notices to the Parties and to the Treasurer
shall be addressed as follows:
Parties:
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attention: Village Manager
With a copy to: John Kelly
Ottsen, Britz, Kelly, Cooper, Gilbert & DiNolfo, Ltd
1804 North Naper Boulevard, Suite 350
Naperville, IL 60563
Village of Bannockburn
2275 Telegraph Road
Bannockburn, Illinois 60015
Attention: Village Manager
With copy to: Victor P. Filippini, Jr.
Filippini Law Firm
990 Grove Street, Suite 220
Evanston, Illinois 60201
Village of Lincolnshire
One Olde Half Day Road
Lincolnshire, IL 60069
Attention: Village Manager
With a copy to: Adam B. Simon
Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C.
175 E. Hawthorn Parkway, Suite 145
Vernon Hills, IL 60061
Treasurer:
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attn: Finance Director
13
B. Time of the Essence. Time is of the essence in the performance of this
Agreement.
C. Governing Law. This Agreement shall be governed by, and enforced in
accordance with, the laws of the State of Illinois. Venue for any disputes arising under
this Agreement shall lie exclusively in the Circuit Court of Lake County, Illinois.
D. Severability. It is hereby expressed to be the intent of the Parties that
should any provision, covenant, agreement, or portion of this Agreement or its
application to any person or property be held invalid by a court of competent
jurisdiction, the remaining provisions of this Agreement shall not be impaired thereby,
but the remaining provisions shall be interpreted, applied, and enforced so as to
achieve, as near as may be, the purpose and intent of this Agreement to the greatest
extent permitted by law.
E. Amendments and Modifications. No amendment or modification to this
Agreement shall be effective until it is reduced to writing and approved and executed by
all Parties.
F. Changes in Laws. Unless otherwise provided in this Agreement, any
reference to laws, statutes, ordinances, rules, or regulations shall be deemed to include
any modifications of, or amendments to, such laws, statutes, ordinances, rules, or
regulations that may occur in the future, except to the extent such amendment may
frustrate the essential purpose of this Agreement.
G. Authority to Execute. Each Party hereby warrants and represents to
the other Parties that the persons executing this Agreement on its behalf have been
properly authorized to do so by the corporate authorities of such Party.
H. No Third Party Beneficiaries. No claim as a third party beneficiary
under this Agreement by any person shall be made, or be valid, against the
Parties.
I. Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed an original and all of which together shall be deemed one
and the same instrument.
J. Effective Date. The Effective Date of this Agreement shall be May 1,
2017.
[Signature page follows.]
14
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates set forth below.
VILLAGE OF DEERFIELD VILLAGE OF BANNOCKBURN
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Village President/Village Pre ent
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Villa6e Clerk
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VILLAGE OF LINCOLNSHIRE
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