R-21-08-01VILLAGE OF DEERFIELD
RESOLUTION NO. 2021 R-21-08-01
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY
AND BETWEEN THE VILLAGE OF DEERFIELD
AND THE VILLAGE OF WHEELING
CONCERNING ACCESS TO STARCOM 21 TALK GROUPS
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, StarCom21 is a two-way radio communication service commissioned by
the State of Illinois to enable interoperable communications among local, state, and federal
law enforcement agencies ("StarCom21"); and
WHEREAS, local law enforcement agencies can create and utilize specific local "talk
groups" within the StarCom21 service, and may invite other agencies to access their "talk
groups" through a talk group access agreement; and
WHEREAS, the Village desires to participate in talk groups of other law enforcement
agencies for the purposes of coordinating law enforcement activities with other agencies; and
WHEREAS, the Village of Wheeling ("Wheeling") has invited the Village's Police
Department to join its StarCom21 talk groups, and has provided the Village with a Talk
Group Access Agreement attached to this Resolution as Exhibit A ("StarCom21 Access
Agreement"); and
WHEREAS, the Village's Police Department has reviewed the StarCom21 Access
Agreement and recommends that the Village Board approve the StarCom2l Access
Agreement with Wheeling pursuant to this Resolution; and
WHEREAS, the Village's Police Department anticipates receiving substantially
similar talk group access agreements from other agencies in the future, and desires that the
Village Board authorize execution of substantially similar agreements with other agencies in
a final form approved by the Village Attorney; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to approve the StarCom21 Access Agreement
pursuant to this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF DEERFIELD,
LAKE AND COOK COUNTIES, ILLINOIS, as follows:
{00119250.1 }
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF AGREEMENT. The StarCom21 Access
Agreement by and between the Village and Wheeling is hereby approved in substantially the
form attached as Exhibit A and in a final form approved by.the Village Attorney.
SECTION THREE: AUTHORIZATION AND EXECUTION OF THE
AGREEMENT. The Village President and the Village Clerk are authorized and directed to
execute and seal, on behalf of the Village, the StarCom21 Access Agreement with Wheeling
in the final form approved by the Village Attorney
SECTION FOUR: AUTHORIZATION AND EXECUTION OF FURTHER
STARCOM21 ACCESS AGREEMENTS: The Village President and the Village
Clerk are authorized and directed to execute and seal, on behalf of the Village, agreements
with other agencies concerning StarCom21 talk groups that are substantially similar to the
StarCom21 Access Agreement and in the final form approved by the Village Attorney.
SECTION FIVE: EFFECTIVE DATE. This Resolution will be in full force and
effect from and after its passage, approval, and publication in the manner provided by law.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: March 1, 2021
APPROVED: March 2, 2021
RESOLUTION NO: R-21-08-01
Harriet Rosenthal, Mayor
ATTEST:
ti.
Kent S. Street, Village Clerk
100119250.11
EXHIBIT A
Agreement
{00119250.1)
Village of Wheeling Interoperable Radio System Public Safety Agency Starcom2l
Talk Group Access Agreement
This Starcom21 Talk Group Access Agreement is between the Deerfield Police Department, having its
principal business address at 850 Waukegan Rd., Deerfield, IL 60015 and the Village of Wheeling, IL, a
cooperative venture voluntarily established by its members pursuant to Article VII, Section 10 of the 1970
Constitution of the State of Illinois and pursuant to the Intergovernmental Cooperation Act, 5, ILCS 220/let
seq. of the Illinois Compiled Statutes, having its principal business address at 2 Community Blvd.,
Wheeling, IL 60090.
Section 1 - Definitions. [Intentionally Left Blank]
Section 2 - Grant of Access. The Village of Wheeling authorizes the Deerfield Police Department and only
those personnel members whose names it provides to the Village of Wheeling to access the Village of
Wheeling Starcom talk groups specified in this agreement.
The Applicant is requesting access to the following Talk Group(s):
ALPD3A TAG I SHORT ALPD3A I DEC ID I CKR
DISPATCH 1-WH I DISP 1-WH 1 36101 1 121
The Applicant is providing access to the following Talk Group(s): (provide Talk Group IDs and CKR#s):
ALPD3A TAG
DF-DISP1
SHORT ALPD3A
DF-DISP1
DEC ID
CKR
33373 69
Section 3 - Scope of Use. The Deerfield Police Department shall, at all times, ensure that its personnel
utilize its access to the Village of Wheeling Starcom talk groups in strict conformance with the provisions of
this Agreement, its application to the Village of Wheeling, and such rules and policies as the Village of
Wheeling has established. The Deerfield Police Department shall not permit its personnel to utilize the
Deerfield Police Department's access to Village of Wheeling Starcom talk groups in any manner that
exceeds this scope of use or in violation of law.
Section 4 - Termination. The Deerfield Police Department may terminate its access to Village of Wheeling
Starcom talk groups at any time by providing written notice to the Village of Wheeling. The Village of
Wheeling may terminate the Deerfield Police Department's access to Village of Wheeling Starcom talk
groups at any time and for any reason with written notice.
Section 5 - Indemnification. (a) The Deerfield Police Department shall, at all times, fully indemnify, hold
harmless, and defend the Village of Wheeling, the Wheeling Police Department and their officers, agents,
and employees from and against any and all claims and demands, actions, causes of action, and cost and
fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out
of use of the Wheeling Police Starcom talk groups by the Deerfield Police Department and its employees,
or because of any act or omission, neglect or misconduct of the Deerfield Police Department, its employees
and agents or its subcontractors including, but not limited to, any claims that may be made by the employees
themselves for injuries to their person or property or otherwise, and any claims that may be made by the
employees themselves or by the Illinois Department of Labor for the Deerfield Police Department's violation
of the Illinois Prevailing Wage Act (820 ILCS 130/1 et seq.). The forgoing obligation of the Deerfield Police
Department to indemnify shall not be limited by reason of insurance or immunity. Wheeling shall, at all
times, fully indemnify, hold harmless, and defend the Deerfield Police Department and their officers, agents,
and employees from and against any and all claims and demands, actions, causes of action, and cost and
fees of any character whatsoever made by anyone whomsoever on account of or in any way growing out
of the negligent use of Wheeling Police Starcom talk group by Wheeling and its employees, or because of
any act or omission, neglect or misconduct of Wheeling, its employees and agents or its subcontractors
including, but not limited to, any claims that may be made by the employees themselves for injuries to their
person or property or otherwise. The forgoing obligation of Wheeling to indemnify shall not be limited by
reason of insurance or immunity.
(b) Nothing contained herein shall be construed as prohibiting either party and their officers, agents, or its
employees, from defending through the selection and use of their own agents, attorneys and experts, any
claims, actions or suits brought against them. The Indemnifying party shall likewise be liable for the cost,
fees and expenses incurred in defense of any such claims, actions, or suits.
(c) Each Party shall be responsible for any damages incurred as a result of its errors, omissions or negligent
acts.
(d) Neither the Deerfield Police Department nor the Village of Wheeling waives any defense or immunity
which may be available to it, Including those provided by the Local Government and Governmental
Employees Tort Immunity Act, 745 ILCS 10/1 et seq. or by reason of indemnification or Insurance.
Section 6 - Duty to Contract for Access, Costs. The Deerfield Police Department shall contract with
Motorola Solutions, Inc. for access to its STARCOM21 System on which the Wheeling Police talk groups
operate. The Deerfield Police Department shall be solely responsible for all costs associated with its access
to the Wheeling Police talk groups. The Deerfield Police Department shall be solely responsible for the
acquisition of any equipment it requires to access the Wheeling Police Starcom talk groups.
Section 7 - Notices. All notices required to be given pursuant to this Agreement shall be in writing and
addressed to the parties at their respective addresses set forth below.
Village of Wheelinq:
Village of Deerfield:
Village Manager Jon Sfondilis
Chief of Police
Village of Wheeling
Deerfield Police Department
2 Community Blvd.,
850 Waukegan Rd
Wheeling, IL 60090
Deerfield, IL 60015
Section 8 - Mutual Covenant Not to Sue. In recognition of mutual consideration, the Parties covenant and
agree that they shall not sue, institute, cause to be instituted or permit to be instituted on either of their
behalf, or by or on behalf of either of their past, present or future officials, officers, employees, attorneys,
agents or assigns, any proceeding or other action with or before any local, state and/or federal agency,
court or other tribunal, against each other or either of their elected and appointed officers, commissioners,
employees, attorneys, agents or assigns, arising out of, or from, or otherwise relating, directly or indirectly,
to this Agreement to the extent authorized by law.
Section 9 - Representations. The Deerfield Police Department represents that it has the authority to
enter into this Agreement and undertake the duties and obligations contemplated by this Agreement and
that it has taken or caused to be taken all necessary action to authorize the execution. Further, the Deerfield
Police Department represents that the signatory of this Agreement has the authority to bind the Deerfield
Police Department to all obligations herein contained.
Section 10 - Survival. The Deerfield Police Department's obligations under Section 5 and Section S shall
survive the termination of this Agreement.
Section1l -Assignment. Neitherthe Deerfield Police Department noranyof its personnel may assignor
transfer any rights afforded to it under this Agreement to any third party for any purpose without the
expresswritten permission of the Village of Wheeling Board.
Village of Wheeling
By:
Vi( n r
Date:3
Deerfield Police Department
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Date: /