R-22-32VILLAGE OF DEERFIELD
RESOLUTION NO. 2022- R-99-32
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE WEST DEERFIELD TOWNSHIP ASSESSOR
FOR ACCESS TO VILLAGE BUILDING RECORDS
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, West Deerfield Township Assessor ("Assessor') is tasked with
performing property tax assessments within the West Deerfield Township; and
WHEREAS, a portion of the Village is within West Deerfield Township; and
WHEREAS, to enable the Assessor to more accurately perform property tax
assessments, the Assessor has requested that the Village provide the Assessor access to
certain Village building permit and plan records (collectively, "Records'); and
WHEREAS, the Village desires to grant the Assessor access to Records pursuant to
the terms of an intergovernmental agreement ("IGA'); and
WHEREAS, the Village Board has determined that entering into the IGA with the
Assessor will serve and be in the best interests of the Village and its residents; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF INTERGOVERNMENTAL AGREEMENT. The
Village Board hereby approves the IGA in substantially the same form as attached to this
Resolution as Exhibit A and in a final form approved by the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The Mayor and the
Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final IGA. If the executed copy of the final agreement is not received by the
Village Clerk within 60 days after the effective date of this Resolution, then this authority to
execute and attest will, at the option of the Mayor and Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval by a majority of the members of the Board of
Trustees.
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AYES: Benton, Berg, Jacoby, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: June 6, 2022
APPROVED: June2j, 2022
RESOLUTION NO: R-22-32
Daniel C. Shapiro, Mayor
ATTEST:
Ke t S. Street, Village Clerk
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
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INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
VILLAGE OF DEERFIELD AND THE WEST DEERFIELD TOWNSHIP ASSESSOR
FOR ACCESS TO VILLAGE PERMIT AND PLAN TRACKING SYSTEM
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered
into as of the day of , 2022 ( "Effective Date"), and is by and between the
VILLAGE OF DEERFIELD ("Village"), and the WEST DEERFIELD TOWNSHIP
ASSESSOR ("Township Assessor") (collectively "Parties").
IN CONSIDERATION OF, and in reliance upon, the recitals and the mutual covenants
set forth in this Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties mutually agree as follows:
SECTION 1. RECITALS.
A. The Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes
units of local government to contract or otherwise associate among themselves in any manner not
prohibited by law or ordinance. In addition, the provision of the Intergovernmental Cooperation
Act, (5 1LCS 220/1 et seq.), authorize and encourage intergovernmental cooperation.
B. The Village and the Township Assessor desire to cooperate to provide the
Township Assessor access to the Village's database of construction permits and plans approved
by the Village ("Village Database"), to enable the Township Assessor to efficiently and accurately
update assessed property values of properties taxed within the Village.
C. The Parties desire to enter into this Agreement to set forth the rights and obligations
of the Village and Township Assessor with respect to the Village Database.
SECTION 2. SECURITY.
A. Authorized Users. The Township Assessor will designate certain personnel as
authorized users of the Village Database ("Authorized Users"). Only Authorized Users may
access the Village Database and the Village Database may be used by the Township Assessor for
the sole purpose of performing assessments of property values and no other purposes.
B. Security. The Village will provide, or cause to be provided to, the Township
Assessor unique login usernames and passwords for each Authorized User. Authorized Users must
follow reasonable security protocols to prevent unauthorized users from gaining access to the
Village Database. If any Authorized User has reason to believe that the security of the Village
Database has been compromised, the Township Assessor must notify the Village as soon as
possible and follow all reasonable security protocols required by the Village. The Township
Assessor must immediately notify the Village in the event that an Authorized User's employment
with the Township Assessor ends or the Authorized User's duties change in a manner so that the
Authorized User no longer needs to access the Village Database so that the Village may terminate
the Authorized User's access to the Village Database.
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SECTION 3. CONFIDENTIALITY.
A. Confidentiality. In the performance of this Agreement, the Township
Assessor may have access to or receive certain information in the possession of the Village that is
not generally known to members of the public ("Confidential Information"). Confidential
Information includes, without limitation, proprietary information, copyrighted material, personal
or private data of every kind, financial information, maps, and all other information of a personal
nature. The Township Assessor must not disclose any Confidential Information without the prior
written consent of the Village except as required by law. If the Township Assessor has any doubt
about the confidentiality of any information, then the Township Assessor must seek a
determination from the Village regarding the confidentiality of the information. The Township
Assessor and all of its personnel and subcontractors must make and apply all safeguards necessary
to prevent the improper use or disclosure of any Confidential Information. At the expiration or
termination of this Agreement, the Township Assessor must promptly cease using, and must return
or destroy (and certify in writing destruction of), all Confidential Information, including all copies,
whether physical or in any other form, in its possession. The Township Assessor may not transfer
to, store in, or otherwise allow work product containing Confidential Information to be located in
any location, whether physical or digital, not under the control of the Township Assessor. If the
Township Assessor is required, by any government authority or court of competent jurisdiction, to
disclose any Confidential information, the Township Assessor must immediately give notice to
the Village with the understanding that the Village will have the opportunity to contest the process
by any means available to it prior to submission of any documents to a court or other third party.
The Township Assessor must cause all of its personnel and subcontractors to undertake and abide
by the same obligations regarding Confidential Information as the Township Assessor.
B. Freedom of Information Act. The Township Assessor and the Village are subject
to compliance with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)), and
any other comparable state or federal laws now existing or adopted later (collectively, the
"Disclosure Laws"). In the event that the Village requests records from the Township Assessor,
the Township Assessor must promptly cooperate with the Village to enable the Village to meet all
of its obligations under the applicable Disclosure Law. In the event that the Township Assessor
receives a request for records or information obtained from the Village Database under an
applicable Disclosure Lave, the Township Assessor must assert every applicable exemption to
protect the Confidential Information or other exempt information contained within the requested
records.
SECTION 4. INDEMNIFICATION.
The Township Assessor agrees to indemnify, release, and hold harmless the Village and its
elected and appointed officials, officers, employees, and agents from and against any and all
liabilities, claims, losses, lawsuits, judgments, and expenses, including attorneys' fees, arising out
of, caused by, or resulting from the use of the Village Database pursuant to this Agreement, except
to the extent caused by the sole negligence or willful misconduct of the Village.
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SECTION 5. GENERAL CONDITIONS.
A. Term. This Agreement will be in effect from and after the date first state above to
and through December 31, 2023, unless sooner terminated by the mutual written agreement of the
Parties.
B. Amendments and Modifications. No amendment or modification to this
Agreement will be effective unless and until it is reduced to writing and approved and executed by
all Parties to this Agreement in accordance with all applicable statutory procedures.
C. Notices. All notices and payments required or permitted to be given under
this Agreement must be given by the Parties by (i) personal delivery, (ii) deposit in the United
States mail, enclosed in a sealed envelope with first class postage thereon, or (iii) deposit with a
nationally recognized overnight delivery service, addressed as stated in this Section S.C. The
address of either Party may be changed by written notice to the other Party. Any mailed notice will
be deemed to have been given and received within three days after the same has been mailed and
any notice given by overnight courier will be deemed to have been given and received within 24
hours after deposit.
Notices and. communications must be addressed to, and delivered at, the following
addresses:
If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Attention: Village Manager
With a copy to: Elrod Friedman LLP
325 N. LaSalle St, Suite # 450
Chicago, IL 60654
Attention: Steven M. Elrod, Village Attorney
If to the Township Assessor: West Deerfield Township Assessor
601 Deerfield Road
Deerfield, IL 60015
Attention:
With a copy to:
Attention:
D. Independent Contractor Relationship. The Township Assessor is not, and will not
be deemed, an employee of the Village.
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E. No Joint Venture. It is hereby understood and agreed that nothing contained in this
Agreement will be deemed or construed to create the relationship of principal and agent,
partnership or joint venture between the Parties. No provision of this Agreement and no act or
acts of the Parties will be deemed to create any relationship between the Parties other than the
relationship specifically set forth in this Agreement.
F. Successors and Assign . The terms, covenants and conditions of this Agreement
will bind and inure to the benefit of the Parties and their respective heirs, executors,
administrators, and authorized successors and assigns; provided, however, that neither Party
may assign this Agreement except upon the prior written consent of the other Party.
G. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation will be made, or be valid, against the Parties,
or either of them.
H. Rights Cumulative,. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies and benefits provided by this Agreement will be
cumulative and will not be exclusive of any other such rights, remedies and benefits allowed
by law.
I. Governing Law. This Agreement will be governed by, and enforced in accordance
with the internal laws, but not the conflicts of laws rules, of the State of Illinois. This
Agreement shall be subject to the jurisdiction of the Circuit Court of Cook County, Illinois.
J. Authority to Execute. The Parties hereby warrant and represent to each other that:
(i) the persons executing this Agreement on behalf of each Party have been properly authorized
to do so by their respective corporate authorities; (ii) each Party has the full and complete right,
power and authority to enter into this Agreement and to agree to the terms, provisions and
conditions set forth in this Agreement; (iii) that all legal actions needed to authorize the
execution, delivery and performance of this Agreement have been taken by each Party; and
(iv) that neither the execution of this Agreement nor the performance of the obligations
assumed by each Party will (a) result in a breach or default under any other agreement or
obligation of each Party or (b) violate any statute, law, restriction, court order or agreement to
which each Party may be subject.
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IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement by
their duly authorized officers on the date stated on the first page of this Agreement.
ATTEST: VILLA OF DEE ELD
By: , By:
Vill ge Manager
ATTEST: WEST DEERFIELD TOWNSHIP
ASSESSOR
By:
Its:
WE -
MIA
- r"I MAN
Sukrintendent cJ
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