R-04-07VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R -04 -07
A RESOLUTION AUTHORIZING AN AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF DEERFIELD AND THE VILLAGE OF BANNOCKBURN
ESTABLISHING A JOINT 9 -1 -1 EMERGENCY TELEPHONE SYSTEM BOARD
AND PROVIDING FOR ENHANCED AND WIRELESS E9 -1 -1 SERVICES
WHEREAS, the Village of Deerfield has entered into an Intergovernmental Agreement with
the Village of Bannockburn entitled "An Intergovernmental Agreement between the Village of
Deerfield and the Village of Bannockburn establishing a Joint 9 -1 -1 Emergency Telephone System
Board and providing for Enhanced and Wireless E9 -1 -1 Services" (referred to herein as the
"Intergovernmental Agreement ") that provides, among other things, for the establishment of a Joint
Emergency Telephone System Board, the provision of E9 -1 -1 services, the operation of a Public
Safety Answering Point ( "PSAP ") by the Village of Deerfield, and the continuation of Deerfield' s
provision of PSAP and emergency radio dispatch services for the Village of Bannockburn; and,
WHEREAS, the Chief of Police of the Village of Deerfield has recommended approval of an
amendment to said Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A, to
include the additional terms and provisions that are highlighted therein;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, 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
between the Village of Deerfield and the Village of Bannockburn Establishing a Joint 9 -1 -1
Emergency Telephone System Board and Providing for Enhanced and Wireless E9 -1 -1 Services," as
amended, 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.
PASSED this 7th day of September , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 7th day of
ATTEST:
Village C erk
-2-
,n
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF DEERFIELD AND
THE VILLAGE OF BANNOCKBURN ESTABLISHING A
JOINT 9 -1 -1 EMERGENCY TELEPHONE SYSTEM BOARD AND
PROVIDING FOR ENHANCED AND WIRELESS E9 -1 -1 SERVICES
THIS AGREEMENT is made and entered into by and between the Village of Deerfield,
hereinafter referred to as "Deerfield," and the Village of Bannockburn, hereinafter referred to as
"Bannockburn".
RECITALS
WHEREAS, Deerfield and Bannockburn are units of local government within the
meaning of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220 /1, and Article VII,
Section 10 of the 1970 Constitution of the State of Illinois; and,
WHEREAS, the Intergovernmental Cooperation Act and Article VII, Section 10 of the
Constitution of the State of Illinois authorize units of local government to combine and jointly
exercise any power or powers, privileges or authority exercised or which may be exercised by a
unit of local government; and,
WHEREAS, the Emergency Telephone System Act, 50 ILCS 750/1, et seq., further
authorizes local public safety agencies like Deerfield and Bannockburn to establish, by
intergovernmental agreement, a Joint Emergency Telephone System Board with the powers set
forth herein; and,
WHEREAS, Deerfield currently operates as the Public Safety Answering Point ( "PSAP ")
for Bannockburn and provides emergency dispatch services for the Bannockburn Police
Department; and,
WHEREAS, it is the intent of the parties to achieve further cooperation in their public
safety activities through the establishment of a Joint Emergency Telephone System Board to
receive moneys from the emergency telephone system surcharge collected by Deerfield and
Bannockburn and to use such surcharge moneys for the design, acquisition, implementation,
upgrade and maintenance of an Enhanced 9 -1 -1 Emergency Telephone System including wireless
E9 -1 -1 services (the "E9 -1 -1 System ") as provided herein; and,
WHEREAS,. the parties mutually desire that Deerfield design, acquire, install and
maintain the hardware, software, and related equipment necessary to operate an E9 -1 -1 System
within the public safety jurisdictions of Deerfield and Bannockburn with funding approved by the
Joint Emergency Telephone System Board established by this Agreement; and,
WHEREAS, the parties mutually desire that Deerfield continue to serve as the PSAP for
Bannockburn and to continue to provide emergency radio dispatch service and E9 -1 -1 Services
for both Deerfield and Bannockburn; and,
WHEREAS, the corporate authorities of Deerfield and Bannockburn have determined
that it is appropriate and in the best interests of their respective residents to enter into this
Agreement providing for the establishment of a Joint Emergency Telephone System Board, the
provision of E9 -1 -1 Services, and the continuation of Deerfield's provision of PSAP and
emergency radio dispatch services for Bannockburn;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and obligations herein
set forth, the sufficiency of which is hereby acknowledged, it is hereby agreed by and between
Deerfield and Bannockburn, as follows:
SECTION 1: Recitals. The above and foregoing recitals are hereby made a part of and
are incorporated into this Agreement by this reference as if fully set forth herein.
SECTION 2: Establishment of Joint Emergency Telephone .System Board. A Joint
Emergency Telephone System Board (the "Joint Board ") is hereby established by and for
the Village of Deerfield and the Village of Bannockburn to exercise all powers and
perform all duties provided in this Agreement and in the Emergency Telephone System
Act, 750 ILCS 750/1 et seq. and in the Wireless Emergency Telephone System Act, 750
ILCS 751/1 et seq.
SECTION 3:
Members of Joint Emergency Telephone System Board.
A. The Joint Board shall consist of the following members:
(1)
The Deerfield Chief of Police;
(2)
The Bannockburn Chief of Police;
(3)
The Deerfield Village Manager;
(4)
The Bannockburn Village Manager;
(5)
The Village of Deerfield Police Communications Director.
B. The Finance Director of the Village of Deerfield shall be ex -officio Treasurer for
the Joint Board.
C. Chairman of the Joint Board, who shall be the presiding officer, shall rotate
annually between the Deerfield Chief of Police who shall be the Chairman during
even - numbered years, and the Bannockburn Chief of Police who shall be the
Chairman during odd numbered years.
D. Members of the Joint Board shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses incurred in connection with
their service on the Joint Board.
SECTION 4: Meetings of the Joint Emergency Telephone System Board;
Schedule; Notice and Agenda; Voting.
A. The Joint Board shall conduct meetings on a regular schedule, but not less
frequently than once a year.
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B. Until changed by resolution adopted by the Joint Board, the Joint Board shall conduct
regular meetings on a quarterly basis at 2:00 p.m. on the second Wednesday of
January, April, July and October of each year. The meeting shall be held at a
convenient location in the Village of Deerfield or the Village of Bannockburn
designated by the Joint Board.
C. A notice stating the place, date and hour of any meeting of the Joint Board, together
with an agenda for such meeting, shall be delivered to all members of the Joint Board
not less than forty -eight (48) hours before the date of such meeting, and shall be
posted at the location where the meeting is to be held, and at the Deerfield Village Hall
and Bannockburn Village Hall, not less than forty -eight (48) hours in advance of the
meeting.
D. The Joint Board shall keep, approve and maintain minutes of all Joint Board meetings,
which shall include the date, time and location of the meeting; the members recorded
as present or absent; a summary of discussion of all matters proposed, deliberated or
decided; and, a record of any votes taken. A majority of the members then holding
office shall constitute a quorum for the transaction of any business of the Board. Each
member shall be entitled to cast one vote on all matters coming before the Joint Board
for approval. The affirmative vote of a majority of a quorum present and voting at a
meeting of the Joint Board is required for approval of any matter coming before the
Joint Board, except that the expenditure or disbursement of moneys from the Joint
Emergency Telephone System Fund shall require a resolution adopted by a majority of
the members of the Joint Board. The Joint Board shall conduct its meetings in
compliance with the Open Meetings Act.
SECTION 5: Duties and Powers of Joint Emergency Telephone Board. The Joint
Board shall have the following powers and duties with respect to the E9 -1 -1 emergency
telephone system serving the Deerfield and Bannockburn public safety jurisdictions (the
"E9 -1 -1 System "):
A. Design and planning of the E9 -1 -1 System.
B. Coordinate and supervise the design, implementation, upgrading and maintenance
of the E9 -1 -1 System, including the establishment of equipment specifications and
coding system.
C. Receive, invest and account for monies from the E9 -1 -1 surcharge, and from the
wireless carrier surcharge, imposed in the Village of Deerfield and the Village of
Bannockburn in the Joint Emergency Telephone System Fund.
D. Authorize all expenditures or disbursements from the Joint Emergency Telephone
System Fund'.
E. Such other powers or duties as may be vested in the Joint Board pursuant to the
Emergency Telephone System Act or this Agreement.
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SECTION 6: Joint Emergency Telephone System Fund.
A. All monies now or hereafter received or collected by Deerfield from the fifty cents
($0.50) E9 -1 -1 surcharge per month per network connection imposed on
telecommunications carriers pursuant to referendum authority and Village of
Deerfield Ordinance No. .0-91-47, and from the wireless carrier surcharge
imposed on wireless telecommunications carriers per commercial mobile radio
service (CMRS) connection or in- service telephone number billed to a Deerfield
address (collectively, "E9 -1 -1 surcharge revenue "), shall be paid to and deposited
in the Joint Emergency Telephone System Fund (the "Joint Fund ") pursuant to this
Agreement.
B. All monies now or hereafter received or collected by Bannockburn from the fifty
cents ($0.50) E9 -1 -1 surcharge. per month per network connection imposed on
telecommunications carriers pursuant to referendum authority and Village of
Bannockburn Ordinance No. 89 -47, and from the wireless carrier surcharge
imposed on wireless telecommunications carriers per commercial mobile radio
service (CMRS) connection or in- service telephone number billed to a
Bannockburn address, (collectively, `89 -1 -1 surcharge revenue ") shall be paid to
and deposited in the Joint Fund pursuant to this Agreement.
C. The Village of Deerfield Finance Director shall be the ex- officio Treasurer of the
Joint Fund and shall :
(1) have charge and custody of the Joint Fund;
(2) be responsible for the receipt, deposit and investment of E9 -1 -1 surcharge
revenues in a separate interest - bearing account and the disbursement thereof in
accordance with the directions of the Joint Board;
(3) have charge of and be responsible for maintaining adequate and accurate
books, records and accounts of the Joint Fund and. of the respective
contributions to the Joint Fund by Deerfield and Bannockburn;
(4) keep and maintain accurate books and records showing how much of the Joint
Fund is attributable to the respective E9 -1 -1 surcharge revenues deposited by
Deerfield and by Bannockburn; and, cause an audit to be made of the Joint
Fund as part of the regular audits of Village of Deerfield funds and accounts.
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B. Monies may be expended or disbursed from the Joint Fund, upon direction of the
joint Board by resolution passed by a majority of all members of the Joint Board,
for costs associated with:
(1) the design of the E9 -1 -1 System;
(2) the coding of an initial Master Street Address Guide data base, and update and
maintenance thereof;
(3) the repayment of any monies advanced for the implementation of the E9 -1 -1
System;
(4) the charges for Automatic Number Identification and Automatic Location
Identification equipment, a computer aided dispatch system that records,
maintains, and integrates information, mobile data transmitters equipped with
automatic vehicle locators, and maintenance replacement and update thereof to
increase operational efficiency and improve the provision of emergency service;
(5) the non - recurring charges related to installation of the
i. E9 -1 -1 System and the ongoing network charges;
(6) the acquisition and installation, or the reimbursement of costs therefor to
other governmental bodies that have incurred those costs, of road or street
signs that are essential to the implementation of the E9 -1 -1 System and that are
not duplicative of signs that are the responsibility of the jurisdiction charged
with maintaining road and street signs;
(7) and,other products and services necessary for the implementation, upgrade,
and maintenance of the E9 -1 -1 System and any other purpose related to the
operation of the System, including costs attributable directly to the
construction, leasing, or maintenance of any buildings or facilities or costs of
personnel attributable directly to the operation of the System. For purposes of
this Agreement, "costs attributable directly" to the operation of E9 -1 -1 System
do not include the costs of public safety agency personnel or equipment
dispatched in response to an emergency call.
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SECTION 7: Purchasing and Budgeting.
Unless otherwise directed by the Joint Board, the Village of Deerfield shall make and let
all contracts or purchase orders for the purchase of supplies, materials, equipment or
services for the use and benefit of the Joint Board and the E9 -1 -1 System, subject to
reimbursement from the Joint Fund.
The Joint Board shall furnish the Village of Deerfield Budget Officer with revenue
estimates and expenditure recommendations as required to determine and compile an
annual budget for E9 -1 -1 System purposes as part of the Village of Deerfield annual
budget.
All E9 -1 -1 System expenditures shall be considered to be drawn from Deerfield and
Bannockburn E9 -1 -1 surcharge revenues deposited to the Joint Fund.
SECTION 8: Dissolution of Joint Fund. In the event that this Agreement is terminated
and the Joint Board is dissolved, the Finance Director of the Village of Deerfield shall pay
to the Village of Bannockburn that portion of the unexpended monies remaining in the
Joint Fund that are attributable to Bannockburn surcharge revenues.
SECTION 9: Suspension of Municipal Emergency Telephone Boards. During the
time that this Agreement is in effect, the Joint Board shall serve in lieu of the separate
Emergency Telephone System Boards heretofore established by Deerfield and
Bannockburn (the "Municipal Telephone Boards "), and the operation of such Municipal
Telephone Boards shall be suspended during the time that the Joint Board is serving
pursuant to this Agreement.
SECTION 10: Radio Dispatch Responsibilities of Deerfield. Deerfield shall maintain,
operate and provide emergency radio dispatch service to the Bannockburn Police
Department in an efficient and competent manner, and shall seek to enhance its dispatch
service to Bannockburn by utilizing the additional data and information available through
the implementation of the E9 -1 -1 System.
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SECTION 11: Radio Receiving Responsibilities of Bannockburn. As part of its
police radio receiving responsibilities, Bannockburn shall:
A. install, operate, and maintain suitable police radio receiving equipment, which shall
operate on the same frequency as the Deerfield Police radio system;
B. obtain all necessary FCC, federal, state and local licenses for its radio equipment;
C. arrange, at its sole expense, for the installation, operation, and .maintenance of the
extension of its police telephone line, with all necessary switches and
appurtenances, in the Deerfield Police Station; and
D. pay to Deerfield in a timely fashion the monthly service charge as described in
Section 16 hereof.
SECTION 12: E9 -1 -1 Responsibilities of Deerfield. Deerfield shall establish, own,
and operate an E9 -1 -1 System for the mutual benefit of Deerfield and Bannockburn and
their respective residents, subject. to the terms and conditions hereinafter set forth. As
used in this Agreement, the term "Equipment" shall mean the hardware, software, and.
related equipment necessary or appropriate to operate an E9 -1 -1 System, and shall include
the buildings and facilities directly attributable to the operation of the E9 -1 -1 System. As
part of its E9 -1 -1 responsibilities, Deerfield shall, subject to the approval and direction of
the Joint Board:
A. provide appropriate buildings; space and facilities to accommodate the E9 -1 -1
System;
B. purchase, or otherwise acquire the right to use the Equipment;
C. install, or cause to be installed, the Equipment in the Deerfield Police Station, or
such other location mutually agreed upon by the parties;
D. operate the Equipment for the E9 -1 -1 System;
E. maintain, repair, upgrade, and /or replace the Equipment as necessary or
appropriate to operate an E9 -1 -1 System;
F. establish the Deerfield Police Station as the PSAP for all 9 -1 -1 calls made from the
Deerfield and Bannockburn public safety jurisdictions; and,
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G. answer all 9 -1 -1 calls received at the PSAP from Deerfield and Bannockburn after
the implementation of the E9 -1 -1 System in said villages and promptly notify the
Bannockburn Police Department by radio dispatch of all 9 -1 -1 calls within, or
apparently within, the jurisdictional boundaries of Bannockburn._
SECTION 13: E9 -1 -1 Responsibilities of Bannockburn. As part of its E9 -1 -1
System responsibilities, Bannockburn shall:
A. enter into a contract for E9 -1 -1 network service with Ameritech as provided for in
Village of Bannockburn Resolution 90 -R -1;
B. enter into appropriate contracts with other wireless telecommunications carriers to
require that such carriers transmit wireless 9 -1 -1 calls, and the callback number
and/or location data of the wireless user, to the Deerfield PSAP;
C. pay to Deerfield in a timely fashion all Bannockburn 9 -1 -1 surcharge revenues for
deposit in the Joint Fund; and
D. operate, maintain and upgrade, as necessary, the radio equipment needed to
receive radio dispatches from the Deerfield PSAP relating to all 9 -1 -1 calls within,
or apparently within, the jurisdictional boundaries of Bannockburn.
SECTION 14: Mobile Data Terminal Responsibilities of Deerfield. Deerfield shall
continue to operate, maintain and upgrade, as necessary, Mobile Data Terminal ( "MDT ")
equipment at the PSAP needed to transmit data from the Deerfield PSAP to MDT units in
Deerfield and Bannockburn emergency response vehicles. Deerfield shall also:
A. cooperate with Bannockburn as Bannockburn purchases MDT units and connects
said units to the MDT system; and,
B. provide MDT system services to Bannockburn in conjunction with the dispatching
and E9 -1 -1 services hereinabove described.
SECTION 15: Mobile Data Terminal Responsibilities of Bannockburn. As part of its
MDT responsibilities, Bannockburn shall:
A. install, operate, and maintain suitable MDT equipment, which shall operate on the
same frequency as the Deerfield Police MDT system; and,
B. cooperate with Deerfield in connecting to the MDT System.
SECTION 16: Provisions for Dispatch. Deerfield shall maintain control over its
personnel; furthermore, participation in this agreement shall not penalize participating
employees or in any way threaten their employment rights, promotional opportunities,
training opportunities, or fringe benefits. Bannockburn shall pay to Deerfield a monthly
radio dispatch fee equal to the annual salary, including health and pension benefits, of a
Deerfield telecommunicator. This dispatch fee shall be adjusted annually based on the
percentage increase or decrease in such annual salary. The adjusted fee shall be effective
thirty (30) days after written notice from Deerfield to Bannockburn of the percentage
increase in the Deerfield telecommunicator's annual salary.
SECTION 17: Records. Deerfield agrees to make available for review, at any
reasonable time upon request by Bannockburn, all invoices, receipts, and other records
relating to the Joint Fund, radio dispatching services and the E9 -1 -1 System, and any
adjustment in fees relating thereto.
SECTION 18: Lockup. As part of this agreement, Bannockburn desires to utilize
Deerfield's lockup facility for prisoner processing and holding, in so doing, Bannockburn
agrees to be familiar with and adhere to Deerfield's policies and procedures governing
prisoner processing, breathalyzer operations, LiveScan, and related equipment,.,
SECTION 19: Amendment. This Agreement may be amended by an amendment in
writing approved and signed by the respective corporate authorities of Deerfield and
Bannockburn.
SECTION 20: Term, Renewal and Termination. This Agreement shall in full force
and effect as of May 1, 2004 (the "Effective Date "), and after the approval, execution and
delivery hereof by the corporate authorities of Deerfield and Bannockburn. This
Agreement shall continue in full force and effect for a term of three (3) years ending April
30, 2007, and shall automatically renew for three (3) consecutive terms of three (3) years
each; provided, however, that either Bannockburn or Deerfield may terminate this
Agreement at any time on written notice given not less than one (1) year prior to the
termination date stated in the notice.
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SECTION 21: Notice. Any notice required in this Agreement shall be in writing and
shall be deemed given as of the day they are received by (i) hand delivery, (ii) overnight
delivery service, (iii) in the United States mail, postage prepaid, certified and return receipt
requested, or (iv) confirmed facsimile transmission with a copy sent by overnight delivery
or U.S. mail, and addressed to the following persons:
To Deerfield:
Chief John J. Sliozis
Deerfield Police Department
850 Waukegan Road
Deerfield, IL 60015
With copies to
Robert D. Franz
Village Manager
850 Waukegan Road
Deerfield, II, 60015
To Bannockburn:
Chief Kevin R. Tracz
Bannockburn Police Department
2275 Telegraph Road
Bannockburn, IL 60015
R. Drew Irvin
Village Manager
2275 Telegraph Road
Bannockburn, II, 60015
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IV
SECTION 22: No Third Party Beneficiary. This Agreement is not intended to give or confer
any benefits, rights, privileges, claims, actions, or remedies to any person or entity as a third party
beneficiary or otherwise.
IN WITNESS WHEREOF, this Agreement has been duly executed on the days and years
designated below, by duly authorized officers of the Village of Deerfield and the Village of
Bannockburn.
MA 19,
ATTEST this day of .
2004:
lage Clerk
VILLAGE OF BANNOCKB
By:
President
ATTEST
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