HomeMy WebLinkAbout06-301 Resolution No. 06-301
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH NORTHEAST ILLINOIS COMMUNICATION CONSORTIUM (NICC)
FOR A SHARED COMMUNICATION SYSTEM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, be and is hereby authorized and directed to execute an Intergovernmental
Agreement with the Northeast Illinois Communication Consortium(NICC)on behalf of the City of
Elgin in connection with jointly engaging with other Illinois cities and agencies to acquire an
interoperable and shared communications system,a copy of which is attached hereto and made a part
hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 20, 2006
Adopted: December 20, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ILLINOIS CITIES AND AGENCIES
MAKING UP THE NORTHEAST ILLINOIS
COMMUNICATIONS CONSORTIUM (NICC) FOR AN INTEROPERABLE
AND SHARED COMMUNICATIONS SYSTEM
THIS AGREEMENT is entered into this 174 day of L EcEme EP, , 2006,
between the Cities and Agencies making up the Northeast Illinois Communications
Consortium (NICC) for jointly engaging in the Request for Proposal (RFP) process to
acquire an interoperable and shared communication system.
RECITALS
WHEREAS, Aurora, Elgin, Grundy County Emergency Telephone System Board
(GCETSB), Plainfield, Naperville, Northwest Central Dispatch System (NWCDS) and Will
County, here-in referred either individually or collectively to as the Charter Agencies
are each legal entities organized and existing under the laws of the State of Illinois,
having among their powers the authority to contract with one another to perform the
undertaking described herein; and
WHEREAS, Aurora, Naperville and Plainfield previously entered into a
Confidentiality and Non-Disclosure Agreement for the purpose of permitting the
Charter Agencies to participate in discussions regarding each party's public safety
communications systems, future interoperable communications system upgrades and
performing a Request For Information (RFI) process to determine specific facts and
details about current and future communication systems capabilities, while protecting
the confidential and proprietary information disclosed by all involved parties; and
WHEREAS, GCETSB, Elgin, NWCDS and Will County requested to become
involved in the RFI Process during the evaluation phase and therefore did not enter
into the Confidentiality and Non-Disclosure Agreement; and
WHEREAS, the Charter Agencies have evaluated the proposals received and
pre-qualified two vendors for the RFP; and
WHEREAS, the Charter Agencies are public agencies within the meaning of the
Illinois Intergovernmental Cooperation Act, as provided for in 5 ILCS 220/1 (1994) et
seq.; and
WHEREAS, the purposes of the Intergovernmental Cooperation Act and Article
7, Section 10 of the Constitution of the State of Illinois include fostering cooperation
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between units of local government in planning and providing services to their
constituents; and
WHEREAS, the respective Charter Agencies have determined it is in their
mutual best interests to acquire and maintain interoperable communication systems
for use by on-duty public safety officers and other governmental employees; and
WHEREAS, the respective Charter Agency representatives believe it is
imperative to expand and enhance the interoperable shared nature of their respective
communications systems; and
WHEREAS, the Charter Agencies have determined it is in their mutual best
interests to acquire and maintain interoperable communication systems for use by on-
duty Police, Fire, Emergency Management Agency, Emergency Medical Services,
Public Works officers and all other employees of local government by seeking systems
that will accomplish this objective; and
WHEREAS, the Charter Agencies have previously identified themselves as the
Northeast Illinois Communications Consortium (NICC) for identification purposes; and
WHEREAS, the Charter Agencies have determined it is in their mutual best
interests to include other surrounding agencies in this endeavor and allow for the
expansion of the NICC to include Associate Agencies to further develop interoperable
communication systems for use by on-duty Police, Fire, Emergency Management
Agency, Emergency Medical Services, Public Works officers and all other employees of
local government by seeking systems that will accomplish this objective.
NOW, THEREFORE, in consideration of the premises and mutual promises contained
herein, the Charter Agencies agree as follows:
1. RECITALS INCORPORATED
1.1. All recitals set forth above are incorporated herein and made part
hereof, the same constituting the factual basis for this Agreement.
2. RECOGNITION OF NICC
2.1 The Charter Agencies named herein and other agencies that elect to
become part of NICC do hereby agree to become members of and
support NICC for the purposes set forth in this Agreement.
Notwithstanding the foregoing, no Charter Agency shall be subject to a
financial commitment for the purposes set forth in this Agreement,
except as provided in paragraph 3.5 below. Membership in the NICC is
voluntary and may, at the sole discretion of the respective Charter
Agency, terminate at any time.
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2.2 All Charter Agencies agree that NICC shall be the primary organization
acting on behalf of the Charger Agencies in order to process necessary
documentation for the Request for Proposal (RFP) process for the future
procurement of an interoperable communications system.
2.3 The Charter Agencies shall develop an organizational structure and
business plan for NICC which shall be brought forward for approval by
the governing boards of the Charter Agency.
3. SCOPE OF REQUEST FOR PROPOSAL (RFP) PROJECT
3.1. The Charter Agencies agree to release a Request for Proposal (RFP)
document that identifies the specifications for an interoperable
communications system.
3.2. The Charter Agencies agree that the City of Naperville Purchasing
Division will coordinate the RFP process, with the understanding that the
City of Naperville will follow all mandated State of Illinois procurement
requirements.
3.3. The Charter Agencies agree that the City of Naperville will not serve as
the Agency responsible for the actual purchase of any equipment or
services that could result out of the RFP process.
3.4. The Charter Agencies agree that the actual purchase of any equipment
or services will be coordinated by each respective Agency.
3.5. The Charter Agencies agree that they will not be subject to any financial
commitment for the procurement of an interoperable communications
system until such time as the proposals have been received, evaluated
and approved by each respective Charter Agency. Approval of any
proposal is at the sole discretion of each respective Charter Agency.
Should a Charter Agency, in its sole discretion, not approve any proposal
that Charter Agency shall not be subject to any financial commitment for
any purpose contemplated by this agreement.
3.6. The Charter Agencies agree that they will be responsible for the
procurement of equipment related to their organization, which will not
require authorization from the other Charter Agencies.
3.7. In order to receive the best-cost estimates, the Charter Agencies shall
identify the anticipated dates they would be able to procure their
appropriate interoperable communications system equipment.
4. THE CHARTER AGENCIES MUTUAL RESPONSIBILITIES
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4.1. Confidential and Proprietary Information. "Confidential and
Proprietary Information" means the specifications and related
documentation for Aurora, Elgin, Grundy County Emergency Telephone
System Board (GCETSB), Plainfield, Naperville, Northwest Central
Dispatch System (NWCDS) and Will Countyradio systems; plans for
current and future upgrades; product strategies; detailed information
about or related to system functions; functional specifications; and
other confidential and proprietary information made available by
Aurora, Elgin, Grundy County Emergency Telephone System Board
(GCETSB), Plainfield, Naperville, Northwest Central Dispatch System
(NWCDS) and Will County to each other and which each party knows or
should have reason to know is confidential and proprietary. Each party's
Confidential and Proprietary Information includes the above information
however it may be provided or stored, whether on paper, electronically,
or other form.
4.2. Use of the Confidential and Proprietary Information. Each party shall
use the other's Confidential and Proprietary Information solely for the
purposes of evaluating and providing recommendations with regard to
each party's public safety radio systems.
4.3. Confidential Nature of the Confidential and Proprietary Information.
Each party agrees to safeguard the other's Confidential and Proprietary
Information and to prevent its unauthorized use or disclosure to any
other person or entity. No other person or entity is allowed access to
said information, unless otherwise provided by law. Each party shall
advise its employees and agents having access to the other's
Confidential and Proprietary Information of the confidential and
proprietary nature thereof.
4.4. Non-Disclosure. The parties shall disclose or give access to the
Confidential and Proprietary Information only to such of the parties'
employees having a need-to-know in connection with use of the parties'
Confidential and Proprietary Information for the purposes contemplated
herein. The parties shall advise their Personnel having access to the
Confidential and Proprietary Information of the confidential and
proprietary nature thereof.
4.5. Return of the Confidential and Proprietary Information. The parties
shall, upon termination of this Agreement for any reason, or upon
demand by the other party, return all copies of the Confidential and
Proprietary Information in the parties possession or under the party's
control to the party entitled to such proprietary information, or if
requested by the other party, the party will destroy all copies of the
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Confidential and Proprietary Information in the parties possession and so
certify such destruction to the other party in writing.
4.6. Injunctive Relief. The parties acknowledges that the use or disclosure
of the Confidential and Proprietary Information in a manner inconsistent
with this Agreement or by a parties employees or anyone who obtains
the Confidential and Proprietary Information from or through the party's
employees will cause irreparable harm and that an action for damages
will not be a sufficient remedy, therefore each party shall have the right
to equitable and injunctive relief to prevent the unauthorized use or
disclosure of any of the Confidential and Proprietary Information as the
parties hereto waive all other remedies available at law or equity
without having to post a bond.
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4.7. Unauthorized Use. Each party shall promptly advise the other party in
writing if a party learns of any unauthorized use or disclosure of the
Confidential and Proprietary Information, and shall immediately take all
steps within that party's reasonable control to stop any unauthorized use
by or disclosure of the Confidential and Proprietary Information by a
party's employees or former employees or any third party.
4.8. Governing Law. This Agreement shall be governed by the laws of the
State of Illinois both as to interpretation and performance.
4.9. Survival. The obligations set forth herein shall survive termination of
this Agreement and any attempted assignment hereof.
4.10. Notices. Any notice, request, demand, or other communication
required or permitted hereunder will be given in writing, charges
prepaid, to the party to be notified. All communications will be deemed
given upon receipt. The addresses for the parties for the purpose of
such communication are the addresses as set forth below on the
signature page of this Agreement or such other address as the party
receiving the notice has previously notified the other parties of, in
writing.
4.11. Entire Agreement. This Agreement constitutes the entire agreement of
the parties relating to the subject matter hereof and shall supersede any
prior oral or written agreements or understandings between the parties
as to the subject matter hereof. No further modification of this
instrument shall be effective unless in writing and signed by duly
authorized representatives of each party hereto.
4.12. Attorneys' Fees and Costs. In the event any party hereto is required to
bring suit to enforce any of the provisions of this Agreement by or
through an attorney at law, then the party prevailing in such suit shall
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be entitled to recover all costs of such enforcement, including but not
limited to, reasonable attorneys' fees incurred in bringing such suit,
whether such fees and costs are incurred before trial, at trial or upon all
appellate levels.
4.13. Severability. The invalidity or unenforceability of any particular
provision of this Agreement shall not affect the other provisions hereof,
and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision has been omitted; provided, however, this
provision shall not operate to materially alter the effect or intent of this
Agreement.
4.14. Headings. The headings of the several divisions of this Agreement are
for convenience only and shall not be construed to be a part of this
Agreement.
4.15. Assignment. The Agreement and all rights and obligations hereunder
may not be assigned or conveyed by any party.
4.16. Binding Effect. The undersigned representatives of the respective
parties hereby bind themselves and their successors under this
Agreement as of the dates of their respective signatures, or as of the
date the Confidential and Proprietary Information is first disclosed,
whichever is earlier.
5. TERMS OF THE AGREEMENT
5.1. This Agreement shall be executed for and on behalf of the Charter
Agencies pursuant to appropriate Resolutions or Ordinances approved by
their respective legislative bodies.
5.2. This Agreement shall be effective for a period of five (5) years after the
date it is fully executed by all parties hereto as specified in paragraph
5.1 unless amended through legislation.
5.3. This Agreement may be amended or modified at any time only by
written instrument signed by the Charter Agencies and approved by
their respective legislative bodies.
6. ENTIRE AGREEMENT
6.1. This Agreement represents the entire agreement between the Charter
Agencies and supersedes all prior negotiations, representations or
agreements,, either written or oral, relative to the Shared
Communications System.
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The parties to this Agreement by their signatures acknowledge they have read and
understand this Agreement and intend to be bound by its terms.
CITY OF 11 RORA
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Signature
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Print Name cot Title Pate
CITY OF ELGIN GCETSB iLYZ
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Signature Signature
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Print Name Da
&Title Print Name&Title Date
CITY OF NAPERVILLE NWCDS
Jei4ONte PA.IJ Signature Signature
A . G eo rC 8 1'24 Ma t*w 2-144ll44 t»,dt etotaztAaiik
Print Name&Title Date Print Name&Title Date 04 al oh
MAye it. is- Os. 04
VILL OF PLAINFIELD WILL COUNTY
0'140 e( . / See Attached Resolution 06-394
Sign / re Signature
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Print Name &Title , to Print Name&Title Date
Villas P/'{Sienf'
h:\data\voiland\project radio system\rfp file\nicc intergovernmental_final_agreement.doc
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Jan 5• 2007 5:59PM 815W10. COUNTYTY
9-1-1 WILL CO Fxrc No. 9995 P. 1 002
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. :--s%Wille‘ . Health, Aging & Education Committee
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Resolution #06-394
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..t.; --, . iiipt RESOLUTION OF THE COUNTY BOARD
----..14; •• WILL COUNTY, ILLINOIS d.
Authorizing the County Executive to Execute Intergovernmental Agreement
Between the IL Cities and Agencies Making up the Northeast IL Communications
Consortium for an interoperable and Shared Communication System
WHEREAS, for the past two years 9-1-1 has been participating with other area governmental '
agencies in a consortium to determine the equipment needs and cost of developing a regional public '
safety radio system. The charter agencies include Elgin, Naperville, Aurora, DuComm,,DuPage
' Sheriff, Plainfield, and Will County 9-1-1. Several other municipal and county governments have also
expressed an interest in joining the project, and
' .
WHEREAS, the consortium has completed an extensive technical review of the components
needed in the new radio system. Preliminary equipment and budget information has been gathered
and developed. The consortium is preparing a RFP to formalize the process, determine actual costs,
and make a vendor selection, and
, .
WHEREAS, to continue this process the Chief Administrator of 9-1-1 has recommended that
4he County Executive be authorized to execute the attached Intergovernmental Agreement prepared
..) document the membership of the Northeast Illinois Communication Consortium and its intentions,
which has no financial commitment, and .
WHEREAS, the Health, Aging & Education Committee agrees with this request and
recommends its approval by the full County.Board.
NOW, THEREFORE, BE IT RESOLVED, that the Will County Board hereby authorizes the
County Executive to execute an Intergovernmental Agreement Betwk:en the IL Cities and Agencies
Making up the Northeast IL Communications Consortium for an Interoperable and Shared
Communications System with no financial commitment.
BE IT FURTHER RESOLVED, that the Preamble of this Resolution Is hereby adopted as if
fully set herein. This Resolution shall be in full force and effect upon its passage and approval as
provided by law.
Adopted by the Will County Board this 21*`day of September-r2006
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Vole: YES 26 No ° Pass ° (SEAL) 4:0/W. ,,_.4: _, ./.. •• -
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Vbncy SEpen -yd
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Cou Clerk , 1
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.pproved this12 day of Ocrober , 2006
.
•' V t awrence M. Walsh
_,-. -
Will County Executive
Res Muth Co lix to 0;inttrpv Nil It,comm,t)tiSf,11111/11 bmwcumin t;ystctrn 21p06
RESOLUTION NO.06—081
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE ILLINOIS CITIES AND AGENCIES MAKING UP
THE NORTHEAST ILLINOIS COMMUNICATIONS CONSORTIUM(NICC)
FOR AN INTEROPERABLE AND SHARED COMMUNICATIONS SYSTEM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NAPERVILLE, DUPAGE AND WILL COUNTIES, ILLINOIS, in exercise of its
home rule authority as follows:
SECTION 1: The Intergovernmental Agreement between the Illinois Cities and
Agencies Making Up the Northeast Illinois Communications Consortium (NICC) for an
Interoperable and Shared Communications System, attached to this Resolution as Exhibit A, is
hereby approved.
SECTION 2: The Mayor and City Clerk are hereby directed to execute the attached
agreement on behalf of the City of Naperville.
SECTION 3: This Resolution shall be in full force and effect upon its passage and
approval.
ADOPTED this 6th day of November , 2006.
AYES: SENGER, WEHRLI, PRADEL, BOYAi IAN, ELLINGSON,
FURSTENAU, KRAUSE, MILLER ROSANOVA
NAYS: NONE
ABSENT: NONE
APPROVED this 7th day of November , 2006.
ATTEST:
Itex PmabL.
A. GeorgiPradel
zannZ C Mayor
Cityçterk
HADATA\LKia\ORINNANCES116.17-06 Meeting\IGA-MulualAid-AumrnAGMT.res.cloc
-may OF ESC/
"0 ,' ti Agenda Item No.
• City of Elgin
t011111k 41/f1)\\
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November 24, 2006
TO: Mayor and Members of the City Council 1i
FROM: Olufemi Folarin, City Manager
Robert Duffy, Deputy Chief of Folice
P Y
SUBJECT: Intergovernmental Agreement—Northeast Illinois Communication Consortium
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the Intergovernmental Agreement between the Illinois Cities and
Agencies making up the Northeast Illinois Communications Consortium (NICC) for an
Interoperable and Shared Communications System.
RECOMMENDATION
It is recommended that the City enter into this Agreement between the Cities and Agencies
making up the Northeast Illinois Communications Consortium (NICC) for jointly engaging in the
Request for Proposal (RFP) process to acquire an interoperable and shared communications
system.
BACKGROUND
The City of Elgin's Emergency Communications System has been in service since 1996. The
system will reach the maximum serviceability/viability in the approximate period between the
years of 2010 to 2012. The Emergency Communication system must be replaced within that
time frame to ensure its ability to provide communications from the citizens of the City to the
public safety divisions of the City.
Members of the Police and Fire Departments have recognized the aforementioned fact and began
to participate in the Northeast Illinois Communications Consortium (NICC). NICC is a group of
area agencies organized for the purpose of purchasing shared, interoperable emergency
communication systems, through a RFP process. The NICC process will afford the member
Agencies significant opportunity for partial grant funding opportunities due to the regional
approach to the purchase of interoperable emergency communications systems. Additionally,
the NICC approach will provide leverage to member agencies purchasing power during
procurement negotiations which should reduce the overall costs associated with a full
replacement of a system.
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IGA—Northeast Illinois Communications Consortium
November 25, 2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
li1/4—EP‘ANCIAL IMPACT
The City of Elgin will not be subject to any financial commitment for the procurement of an
interoperable communications system until such time the as the proposals have been received,
evaluated and approved by the City Council.
LEGAL IMPACT
VVNone.
ALTERNATIVES
1. The Council may chose to approve paraticipation in the Intergovernmental Agreement
and proceed with the replacement of the communications system with regional partners.
2. The Council may chose not to participate in the Intergovernmental Agreement and
proceed forward in the replacement of the Communications System without regional
partners.
Respectfully submitted for Council consideration.
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