VILLAGE OF WINNEBAGO AGENDA REGULAR BOARD MEETING …€¦ · village of winnebago . agenda . regular board meeting . january 7, 2019 at 7:00 p.m. i. pledge of allegiance ii. roll

VILLAGE OF WINNEBAGO AGENDA

REGULAR BOARD MEETING JANUARY 7, 2019 AT 7:00 P.M.

I. PLEDGE OF ALLEGIANCE II. ROLL CALLIII. DISCLOSURE OF ANY CONFLICT OF INTERESTIV. CHANGES IN AGENDAV. APPROVAL OF AGENDAVI. CONSENT AGENDA

A. APPROVAL OF MINUTES1. DECEMBER 10, 2018 REGULAR BOARD MEETING

B. APPROVAL OF LINE ITEM TRANSFERS C. APPROVAL OF BILLS

1. $5,000 AND OVER2. UNDER $5,000

D. TREASURER’S REPORT PLACED ON FILE FOR AUDIT E. BANK RECONCILIATION F. CREDIT CARD REVIEW - November

VII. PUBLIC COMMENT1. Lori Forsythe, Kelley Williamson presentation regarding video gaming

VIII. COMMITTEE/DEPARTMENT REPORTS/REQUESTSA. PUBLIC WORKSB. VILLAGE ENGINEER (May leave after report/requests)

1. January Engineer’s ReportC. COMMUNITY DEVELOPMENT COMMITTEE/4TH OF JULY TEAM/WIPC D. VILLAGE ATTORNEY

1. Attorney Project ListE. FINANCE COMMITTEE

1. Benning Group, LLC Engagement Letter2. Budget 2019

F. POLICE COMMITTEE 1. CAD/RMS IGA for Integrated Records Management Systems

G. ADMINISTRATION TEAM/CLERK H. LIQUOR COMMISSION

1. Number of Liquor Licenses2. Change of distance of 100 feet from school, place of worship, etc.3. Change in language of bar and grill and other terms in Liquor

Ordinance4. Video Gaming5. Regularly scheduled meetings – Every 3rd Thursday, next one is Feb 21st

I. PRESIDENT 1. President’s Report2. Future meetings

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January 7, 2019 Page 2 of 2

IX. NEW BUSINESSX. EXECUTIVE SESSIONXI. TABLED/DEFERRED ITEMS

A. PUBLIC WORKSB. VILLAGE ENGINEERC. VILLAGE ATTORNEYD. FINANCE COMMITTEE

1. O & M Capital PlanE. POLICE COMMITTEE F. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE/

4TH OF JULY TEAM/WIPC G. ADMINISTRATION TEAM/CLERK H. PRESIDENT

1. Research Technology Manufacturing Park District2. Strategic Planning for Village

XII. ADJOURN

December 10, 2018 Page 1 of 5

The Board of Trustees of the Village of Winnebago met at 7:00 p.m. with President Frank Eubank, Jr. presiding.

ROLL CALL

GAINES – GRAHAM - KIMES – MALIGRANDA - MCKINNON – O’ROURKE - present

Guests: Attorney Mary Gaziano, Chief Stockburger, Sally Bennett, Chad Insko, Joy Parlapiano, Seth Gronewald, Mike Weerda, Jeff Spelman, Nick Haff, Alan Nyland, Randy Smith, Robert McNeely, and Glenn Trommels.

There was no disclosure of any conflict of interest.

A new business item was moved to after Public Comment – making Benton Street one way from Soper Street to Main Street. Item 3 was added to Finance – Azavar Governmental Solutions.

A motion was made by MR. KIMES, seconded by MRS. GAINES to accept the agenda as amended. Motion carried on a voice vote.

A motion was made by MR. GRAHAM, seconded by MRS. GAINES, to accept the consent agenda as presented. Motion carried on a unanimous roll call vote.

PUBLIC COMMENT

No one requested the opportunity to address the Board.

Mr. Weerda explained to the board that he has contacted most businesses downtown and they would all prefer the one hundred block of South Benton Street to be one-way from north to south. The matter is referred to Public Works.

COMMITTEE/DEPARTMENT REPORTS/REQUESTS

A. PUBLIC WORKS

1. A motion was made by Mr. McKinnon seconded by MR. GRAHAM toapprove the payment of $324,764.92 to RRWRD for the SoperStreet water main upgrade and the Westfield drainageimprovements. Motion carried on a unanimous roll call vote. It wasnoted there is an approximately $41,000 retainer being held onthese projects.

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2. There was discussion on possible purchase of a powerful shopvacuum, but it was decided to look into the project more thoroughlybefore making a motion to purchase.

B. VILLAGE ENGINEER

1. Mr. Mick Gronewold’s monthly report was provided in the Boardpacket.Seth Gronewold noted the restoration and landscaping will beneeded in the Spring for the Soper Street and Westfield projects.

C. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE/4TH OF JULY TEAM/WIPC

1. Based on committee recommendation, a motion was made by MRS.GAINES to authorize President Eubank to sign the IGA with the ParkDistrict. Motion carried on a unanimous roll call vote.

2. The need to have a walking path on the east side of Elida Street,north of Mikron and how to get this accomplished was discussed. Itwas decided a lawsuit should be filed against Mantle Group to placea lien on the property before the Village constructs the path.

Based on committee recommendations, a motion was made byMRS. GAINES to authorize the Village Attorney to file a lawsuitagainst Mantle Group. Motion carried on a voice vote.

3. Mrs. Gaines provided the committee meeting dates through April2019.

D. VILLAGE ATTORNEY

1. The Attorney provided her project list. Attorney Gaziano noted thatTimothy Lindsay has dismissed his attorney and asked the court toallow him to represent himself and his mother.

E. FINANCE COMMITTEE

1. Based on committee recommendation, a motion was made by MR.GRAHAM to pay a 2.5 percent bonus on all non-elected employeewages for 2018 for employees who had completed theirprobationary period by January 1, 2018. Motion carried on aunanimous roll call vote.

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2. A motion was made by MR. GRAHAM, seconded by MRS. GAINES toadopt ordinance 2018-06, the Tax Levy for calendar year 2018.Motion carried on a unanimous roll call vote.

3. Based on committee recommendation, a motion was made by MR.GRAHAM to enter into a three-year contract with Azavar ConsultingServices to collect taxes that the Village is presently not getting. Ofthe monies collected, the Village will get sixty percent and Azavarwill get forty percent. Motion carried on a unanimous roll call vote.

F. POLICE

1. Based on committee recommendation, a motion was made by Mr.Maligranda to hire Robert McNeely as a part-time police officer. Mr.McNeely has passed all tests and will be paid $18.00 per hour.Motion carried on a unanimous roll call vote.

2. Mr. Trommels discussed the CAD/RMS agreement. This will includea five-year payment. The Police Committee will review the finaldraft of the agreement and the plan will be for the Village toapprove it at the January 7, 2019 meeting.

G. ADMINISTRATION TEAM/CLERK

1. A motion was made by MR. GRAHAM, seconded by MR. MCKINNON,to renew Humana as the provider of the group medical healthinsurance for 2019. Motion carried on a unanimous roll call vote. Itwas requested that next year the Village be included with othergroups in the hopes of reducing the cost.

2. A motion was made by MRS. GAINES, seconded by MR. GRAHAM,to renew the contract with Humana to provide the group dentalinsurance for 2019. This provider was used, as the quote fromUnum did not include the dentists of most employees. Motioncarried on a unanimous roll call vote.

3. A motion was made by MRS. GAINES, seconded by MR. KIMES, toadopt Ordinance 2018-17

An Ordinance of The Village of Winnebago, Illinois Amending A Policy Prohibiting Sexual Harassment.

It was noted that sections D and F refer to State, but that includes all municipalities. Motion carried on a voice vote.

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4. Final approval of employee vacation/sick days is postponed formore review.

5. The employee handbook is nearing completion.

H. LIQUOR COMMISSION

1. The commission is discussing the possibilities of increasing thenumber of liquor licenses to be available now that the referendumpassed. Also being discussed is the distance required from a schoolor church that liquor can be sold for consumption.

2. Some businesses have expressed interest in video gaming. Lorifrom Kelley Williamson will be at the January 3, 2019 LiquorCommission meeting at 6:00 PM to give a presentation on videogaming.

I. PRESIDENT

1. The President’s report was provided in the Board packet.

2. Upcoming Meeting Dates:

Public Works Committee TBD Police Committee January 2, 2019 6:00 PM Finance Committee December 13, 2018 5:30 PM Finance Committee January 7, 2019 5:30 PM Community Development December 12, 2018 5:00 PM Special Community Development January 2, 2019 5:00 PM 4th Family Fest Team January 2, 2019 7:00 PM UDO TBD Liquor Commission January 3, 2019 6:00 PM Errant Water January 7, 2019 6:45 PM Admin Team TBD WIPC January 16, 2019 5:30 PM Pecatonica Prairie Path December 14, 2018 9:30 AM

NEW BUSINESS

Mrs. Gaines noted that she ordered the new State Zoning books, one for each Zoning Committee member and one for the Village and they have been received.

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A motion was made by MRS. GAINES, seconded by MR. GRAHAM to adjourn at 9:25 PM. Motion carried on a voice vote.

____________________________ Sally Jo Huggins, Village Clerk

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UNAPPROVED

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CARDMEMBER SERVICESVendor #279Account # CPN 00040505711/02/2018 - 12/03/2018

Invoice Date Account Description Total Invoice

RECEIPT

(or signature)

BATTERIES PLUS 11/12/2018 01-43-516 BATTERY POL GAR. ALARM $ 15.95 X

OPTICS PLANET, INC. 11/20/2018 01-43-830 RIFLE EQUIPMENT REPLACEM $ 160.56 X

Total $ 176.51


RECEIPT

(or signature)

Total $ -


RECEIPT

(or signature)

ADOBE ACROPRO SUBS 11/3/2018 01-41-561 MONTHLY SUBSCRIPTION $ 15.93 X

MSFT 11/19/2018 01-41-593 MONTHLY EMAIL BOX FEE $ 139.60 X

AMAZON 11/8/2018 01-41-659 BATTERIES $ 22.62 X

AMAZON 11/9/2018 01-41-659 PAPER (6 CASES) $ 197.88 X

AMAZON 11/14/2018 01-41-659 POSTIT NOTES $ 9.38 X

DOUBLE TREE BLOOMINGTON 11/15/2018 01-41-562 IMTA INSTITUTE-BENNETT $ 261.84 X

ASTUTE WEBGROUP 11/17/2018 01-41-593 WEBSITE FEE- NOVEMBER $ 15.00 X

AMAZON 11/20/2018 01-41-659 ORANGE CARD STOCK (4) $ 67.96 X

AMAZON 11/20/2018 01-41-659 FOLDERS, POSTIT, FLAGS, FILES $ 59.27 X

AMAZON 11/25/2018 01-41-562 AMZON PRIME- W/B REVERSED $ 12.99

AMAZON 11/25/2018 01-41-562 AMZON PRIME- W/B REVERSED $ 12.99

WALMART 11/23/2018 01-41-560 XMAS TREE AND TRIMMINGS $ 115.69 X

SAMS CLUB 11/29/2018 01-41-659 COFFEE,SOAP,SANITIZER $ 69.67 X

AMAZON 12/2/2018 01-41-659 1099 & W2 TAX FORMS $ 42.94 X

Total $ 1,043.76


RECEIPT

(or signature)

Total $ -

Combined Total 1,220.27$

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Community Development Minutes

December 12, 2018

ATTENDEES: Don Kimes, Michael McKinnon, Vivian Gaines

GUESTS: Mary Gaziano, Casper Manheim

1. The meeting was called to order by Chairman, Vivian Gaines.2. Don made a motion to approve the November 14, 2018 minutes. Mike seconded the motion and it

passed by a voice vote.3. Public Comment – none4. Conflict of Interest – none disclosed5. Code Enforcement Officer.

a. Casper showed us all pictures he had taken of the fence that is in dispute between tworesidents on South Court St. We discussed what, if anything, we can do since there is a lawsuitbetween the residents. One of the residents requested a letter stating the fence had beenrepaired. Mary will make sure the repaired fence meets the Ordinance and if ok, will help draftthe letter that was requested.

b. Melinda Grap is the resident about the complaint regarding her dog that has been annoying aneighbor by barking. We discussed that issue and decided the issue is now resolved.

c. Snyder’s has repainted part of their outside sign. The manager advised Casper that the sign isslated for replacement in the spring.

6. Trailhead – not discussed.7. Revision of Ordinances #99-5 and 2013-03 covering signs. Mary advised this issue is still in limbo with

the IML. Apparently it has a low priority with them. Hopefully it will be addressed after 1/1/19.8. Walking Path on East Side of Elida – Mary is getting current numbers from Fehr Graham for the costs

that covers the things need to be done on this property. She is also going to get the most currentengineering plat and map showing owners of the properties that have been sold by Mantle Group.Then she can proceed with the lawsuit that was authorized by the Village Board at the last meeting.

9. Ordinance regarding abandoned buildings - #2013-02 – Mary will try to have this ready for our Januarymeeting. Vivian asked if the little house on East Bluff St should be included in the list of vacantbuildings. Mary will find out who owns it.

10. Future tasks – not discussed.11. New Business – not discussed.12. Next Meeting – 1/9/2019 @ 5 pm13. Mike made a motion to adjourn at 5:50 pm. Don seconded it and it passed by voice vote.

__________________________________

Vivian Gaines, Chairman

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Finance Committee Meeting 5:30 p.m. in the Village Hall

Present: VIVIAN GAINES–JEREMY GRAHAM–JULIE O’ROURKEGuests: Sally Bennett, Todd Stockburger

The meeting was called to order at 5:30 p.m.

1. Approve Previous Meeting Minutes – A motion was made by MRS. GAINES to accept theDecember 3, 2018 minutes, seconded by MRS. O’ROURKE– approved.

2. Disclosure of any Conflict of Interest – None.

3. Public Comment – There was no public comment.

4. Budget 2019 – The Committee reviewed the General Fund and discussed changes with ChiefStockburger for the Police Department Budget. The Committee will determine a FundBalance minimum and discuss the possibility of transferring money from reserves to balancethe General Fund.

5. Credit Card Activity Review – October – The October credit card statement was reviewedand explained by Mrs. Bennett. This will be included in the consent agenda at the December10th Board meeting. Mrs. Bennett noted that any rewards points earned on the credit cardin 2018 will be redeemed for cash and used for EAP services.

6. New Business – The Committee went over Azavar information one more time beforerecommending to the Board. Mrs. Bennett missed an invoice for cleaning services on theWarrant list, the Committee gave permission to pay it for $160.00.

7. Executive Session - The committee did not go into Executive Session.

8. Adjourn & Next Meeting – The next meeting is scheduled for December 13th at 5:30 p.m. Amotion was made to adjourn at 6:45 p.m. by MRS. GAINES, seconded by MRS. O’ROURKE,the meeting was then adjourned.

______________________________________ Sally Bennett, Treasurer

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Finance Committee Meeting 5:30 p.m. in the Village Hall

Present: VIVIAN GAINES–JEREMY GRAHAM–JULIE O’ROURKEGuests: Sally Bennett

The meeting was called to order at 5:36 p.m.

1. Approve Previous Meeting Minutes – A motion was made by MRS. GAINES to accept theDecember 10, 2018 minutes, seconded by MR. GRAHAM– approved.

2. Disclosure of any Conflict of Interest – None.

3. Public Comment – There was no public comment.

4. Budget 2019 – The Committee has agreed to recommend a 2% raise for employees. TheCommittee also determined that 50% of the 2019 budget in reserves will be a reasonableFund Balance, based on years of minimal fluctuation in revenues. There will be a transferfrom reserves to cover a shortfall in the General Fund for 2019. The amount will be realizedafter changes are made to payroll line items. Mrs. Bennett will give budget worksheets tothe 4th of July Committee to determine expenses for 2019.

5. New Business – No new business.

6. Executive Session - The committee did not go into Executive Session.

7. Adjourn & Next Meeting – The next meeting is scheduled for January 7th at 5:30 p.m. Amotion was made to adjourn at 6:58 p.m. by MRS. O’ROURKE, seconded by MRS. GAINES,the meeting was then adjourned.

______________________________________ Sally Bennett, Treasurer

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1

INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION AND FUNDING

OF AN INTEGRATED RECORDS MANAGEMENT SYSTEM (RMS)

THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) made effective as of

date set forth in Section III, below, by and between The City of Loves Park, an Illinois Municipal

Corporation (hereinafter “Loves Park”), The Village of Machesney Park, Illinois, an Illinois

Municipal Corporation (hereinafter “Machesney Park”), The Village of Cherry Valley, an Illinois

Municipal Corporation (hereinafter “Cherry Valley”), The Village of Rockton, an Illinois

Municipal Corporation (hereinafter “Rockton”), The Village of Roscoe, an Illinois Municipal

Corporation (hereinafter “Roscoe”), The City of South Beloit, an Illinois Municipal Corporation

(hereinafter “South Beloit”), and The Village of Winnebago, an Illinois Municipal Corporation

(hereinafter “Winnebago”), The Village of Pecatonica, an Illinois Municipal Corporation

(hereinafter “Pecatonica”), and The Village of Durand, an Illinois Municipal Corporation

(hereinafter “Durand”), with such entities referred to individually as a “Member” and collectively

as the “Members”), and The City of Rockford, an Illinois body politic (“Rockford”); and

WHEREAS, Rockford is a duly organized body politic created under the provisions of the

laws of the State of Illinois. Rockford is now operating under and pursuant to the provisions of

the Illinois Municipal Code, as amended (65 ILCS 5/1-1-1 et seq.; the “Municipal Code”), is a

“unit of local government” as defined in Article 7, Section 1 of the Constitution of the State of

Illinois, and is a “public agency” as defined in Section 2 of the Intergovernmental Cooperation

Act (5 ILCS 220/1 et seq.); and

WHEREAS, Members are duly organized bodies politic created under the provisions of

the laws of the State of Illinois. Members are now operating under and pursuant to the provisions

of the Illinois Municipal Code, as amended (65 ILCS 5/1-1-1 et seq.; the “Municipal Code”), is a

“unit of local government” as defined in Article 7, Section 1 of the Constitution of the State of

Illinois, and is a “public agency” as defined in Section 2 of the Intergovernmental Cooperation

Act (5 ILCS 220/1 et seq.); and

WHEREAS, Article VII, Section 10(a) of the Constitution of the State of Illinois

authorizes units of local government 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; and

WHEREAS, Article VII, Section 10(a) of the Constitution of the State of Illinois further

provides that units of local government may use their credit, revenues, and other resources to pay

costs and to service debt related to intergovernmental activities; and

WHEREAS, Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.),

provides that “[a]ny power or powers, privileges, functions or authority exercised or which may

be exercised by a public agency of this State may be exercised, combined, transferred and

enjoyed jointly with any other public agency of this State...”; and

WHEREAS, Section 5 of the Intergovernmental Cooperation Act provides that “[a]ny one

or more public agencies may contract with any one or more other public agencies to perform any

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governmental services, activity or undertaking or to combine, transfer, or exercise any powers,

functions, privileges, or authority which any of the public agencies entering into the contract is

authorized by law to perform, provided that such contract shall be approved by the governing

bodies of each party to the contract and except where specifically and expressly prohibited by

law. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities

of the contracting parties.”; and

WHEREAS, the Members and Rockford are entering into this Agreement pursuant to and in accordance with the aforementioned Constitutional and statutory authorities; and

WHEREAS, the FBI Uniform Crime Reporting Program will transition to a National

Incident Based Reporting System-only for data collection by January 1, 2021 which necessitates

the need for each of the Members and for Rockford to implement a new data management

program; and

WHEREAS, the current Records Management Systems (“RMS”) for data management in

use in Winnebago county are of disparate vendors and database systems between Members and

are without routine intercommunication capability between databases; and

WHEREAS, the RMS used by Rockford and by the County of Winnebago (“County”) are

nearing or past end of usable life limitations with costs to extend and maintain operational

capabilities being exorbitant and temporary; and

WHEREAS, the computer aided dispatch (“CAD”) programs used at the two 9-1-1 Public

Safety Answering Points at Rockford are nearing or past end of usable life limitations with costs

to extend and maintain operational capabilities being exorbitant and the results temporary; and

WHEREAS, Rockford took lead in the search for and development of a solution to the end

of useable life concerns of CAD and RMS; and,

WHEREAS, TriTech Software (“Vendor”) was chosen by Rockford following a request

for proposal process to customize and implement a suite of CAD and RMS solutions for Rockford

that will effectuate law enforcement data access and sharing among and between policing agencies

and that is inclusive of mobile data access to the RMS, has interconnectivity between CAD and

RMS, and has automatic vehicle locating technologies all of which enhance public and responder

safety (the “CAD/RMS Project”); and

WHEREAS, Rockford has offered Members the opportunity to join the CAD/RMS Project,

improving their access to and provision of pertinent law enforcement data to a shared system

facilitating information exchange to improve and make safer the law enforcement services

provided in Winnebago county; and

WHEREAS, the cost of the software programs and installation related to CAD will be paid

for by the Winnebago County Emergency Telephone System Board out of 9-1-1 surcharge money

collected by the State of Illinois; and

WHEREAS, a Membership shall be conferred upon those Members who elect to enter this

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Agreement with Rockford and those with Memberships will share in the costs of the software

programs, installation, annual subscription fees and development of reserves as described

heretofore in this Agreement; and

WHEREAS, Rockford has made a best faith effort at determining the CAD/RMS Project

costs based on current knowledge of project scope and unit costs provided by selected vendors,

and the Member’s allocation of the total project costs, but final costs may vary depending on the

number of Memberships; and

WHEREAS, it is anticipated Members will be provided with final costs for their individual

Memberships by way of a Rider to this Agreement; and

WHEREAS, Rockford has assumed the responsibility of obtaining financing of the entire

CAD/RMS Project and first payment of the allocated amount of costs from Members with

Memberships will be due on or about November 1, 2019.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth

in this Agreement, the Rockford and undersigned Members agree as follows:

SECTION I

INCORPORATION OF RECITALS

1.1 The above Recitals are incorporated herein and made a part hereof.

SECTION II

PURPOSE

2.1 The purpose of this Intergovernmental Agreement is to provide the framework for the

installation and maintenance of the above described CAD/RMS Project and to outline the rights

and obligations of the Members and Rockford.

SECTION III

TERM

3.1 Term. This Agreement shall be effective between Rockford and the Members upon the

approval and signing by each Member’s corporate authorities and shall remain in effect for ten

(10) years. The effective date of the Agreement shall be on or retroactive to January 1, 2019.

3.2 Termination. ThisMember(s) shall have a right to withdraw from this Agreement shall

remain in full force and effect until terminated by any Member(s) and shall pursuant to Section

7.1. The Agreement shall continue to remain in full force and effect for any non-terminatingall

Member(s). Termination procedures shall be as set forth in Section VII) remaining after any

Member withdrawals.

SECTION IV

GOVERNANCE

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4.1 Project Management. The City of Rockford will be lead Project Manager for the

CAD/RMS Project. As such, the City of Rockford has responsibility and authority for managing

the project schedule, scope, cost, and quality.

4.2 System Ownership. Pursuant to Section 6.1, Rockford will be the owner of the

infrastructure hardware as defined therein.

4.3 Operating Committee. Each Member shall designate a contact person to be primarily

responsible for discussions among the Members and Rockford regarding the ongoing operations

and functions of the systems installed during the CAD/RMS Project.

4.4 Responsibilities of Operating Committee. The Operations Committee shall meet monthly,

or as frequently as needed, to discuss progress and implementation status of the CAD/RMS Project

and the ongoing operations of the system, including but not limited to funding, data management,

maintaining relations with Tri-Tech and the overall functioning and troubleshooting of the

system’s modules.RMS. All Parties agree to act in good faith to seek an outcome that benefits

service throughout Winnebago County as a whole and with the meaningful representation of all

participants.

SECTION V

FINANCE & PAYMENT

5.1 Finance. Rockford agrees to finance the full CAD/RMS Project for ETSB and all

participating Members. The Term of financing of the initial purchase and installation will be five

(5) years.

5.2 User Licenses. A component of the RMS is a subscription fee for the use of the software

and is based on the number of users requiring access to the RMS. Each Member will designate the

number of license seats it believes it requires and that number of licenses will be used to determine

the pro-ratedrata share of the purchase price and ongoing annual subscription prices. All Members

will be responsible for following Vendor’s rules on licensing, including rules defining

unauthorized access and sharing of user access sign-in and password information.

5.3 Member Payment. In exchange for Rockford’s financing of the CAD/RMS Project and

allowing meaningful input on CAD/RMS operations through the Operations Committee, all

Members holding Membership shall be assessed fees as required by the terms of this Agreement

for segments of the CAD/RMS Project that include (1) the initial software purchase pursuant to

Section 5.4; (2) the installation, ongoing maintenance and subscriptions pursuant to Section 5.5;

and, (3) a hardware refresh estimated to be required during or after year five (5) of the Agreement

pursuant to Section 5.6. In no event will the total cost of each Member’s segment exceed the prior

year’s cost for the same segment by more than five-percent (5%). By entering this Agreement,

Members agree to make annual payments and to ensure that each Member’s board or corporate

authority take such actions necessary, such asby resolution or ordinance passage or repeal, to

approve this Agreement and make annual appropriation of funds to pay the Member’s Membership

fees.

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5.4 Allocation of Purchase Segment. Rockford will pro-rate the total cost of the CAD/EMS

Project’s initial purchase price based on the proportional number of RMS user licenses requested

by each Member against the total number of RMS licenses anticipated to be purchased. A schedule

of this allocation is attached hereto and incorporated herein as Exhibit A. Each Member will

annually be assessed their pro-rated portion of the purchase cost which shall be a fixed price

pursuant to the final price provided according to Section 5.8.

5.5 Subscription/Maintenance Cost Segment. Rockford will assess each Member the annual

cost of the Member’s subscription and / or maintenance fees for the components of the RMS. each

has subscribed to. The annual subscription costs will be based on the number of user licenses each

Member requests. Annual maintenance fees will be pro-rated for all Members, but at no time can

each annual assessment for maintenance be in excess of five-percent (5%) higher than the

preceding annual assessment for maintenance. .

5.6 Hardware Refresh Cost Segment. Rockford provided estimated pricing for an anticipated

replacement or upgrade of the hardware system five (5) years after the start of this Agreement.

Each Member to the Agreement will be responsible for paying an allocated share based on then-

existing Membership numbers, but at no time can will the annual assessment for the hardware

refresh segment be in excess of five-percent (5%) higher than the initial estimated allocation

provided in this Agreement and annual increases thereafter shall also be so limited..

5.7 Invoices. Payment from Member(s) will be due to Rockford no later than November 1st of

each year. Rockford will invoice Member(s) for actual costs on an open-book basis, sixty (60)

days in advance of this date.

5.8 Final Cost Variance Protection. Rockford has used its best faith judgment in determining

proposed costs as indicated in Exhibit A. If a Member enters this Agreement based on those costs

and the final costs end up greater than five-percent (5%) higher than indicated in Exhibit A, the

Member has the right to either accept the increased allocation, opt out of this Agreement with no

penalty, or pursue other means of negotiating a lower cost or seeking additional funding sources.

Upon notification of final costs which are five-percent (5%) or greater more than Exhibit A, each

Member shall have thirty (30) days to provide Rockford with its decision in writing to accept, opt-

out or arrange for alternative payment plans.

SECTION VI

EQUIPMENT & SERVICES

6.1 Infrastructure Hardware. Rockford will procure through its Central Services Division, the

supporting infrastructure hardware and software for primary and Disaster Recovery (DR) sites,

including but not limited to: servers and their operating systems, storage capacity, network

components, virtualization software, database software and backup system components. Rockford

will install and configure project-specific server infrastructure.

6.2 Basic Services. The CAD/RMS Project consists of a number of software programs that

perform specific functions (“Modules”). Each Membership will grant access to a certain number

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of Modules available to everyone that comprise the Basic Services provided by the RMS with

integration into CAD services where available. These Basic Services are detailed in and

incorporated into this Agreement as Exhibit B. Access to Basic Services forms the baseline

purchase price and subscription/maintenance costs charged to the Members as detailed in Section

V of this Agreement.

6.3 Optional Services. The CAD/RMS Project has additional Modules that individual

Members may find useful and wish to purchase subscriptions individually. These Optional

Services are detailed in Exhibit B. The purchase and or subscription costs will only be charged to

the Member(s) who explicitly request writing to have access to those Modules added for their

users. Optional Services will not be allocated and spread among the Member(s) not having access

to such Optional Services.

6.4 Customized Services. From time to time individual Members may wish to work with

Rockford and Vendor to design or gain access to Modules which are not part of the Basic Services

or Optional Services. All costs for such Customized Service shall fall exclusively upon the

requesting Member and such costs shall not be allocated among the remaining Members

participating in this Agreement. Nothing in this Section shall prohibit one or more Members from

agreeing among themselves to share in the cost of purchase and continuing costs of subscriptions

for Customized Services.

6.5 Training. Each Member will assign qualified personnel to the CAD/RMS Project to

participate in technical decisions and implementation support. Vendor will supply training on the

components of the CAD/RMS Project to the City of Rockford and to Members as defined in its

agreement with Rockford. The rollout of the training to the communities is primarily to be that

of a “train the trainer” nature in which those receiving training from the Vendor will then train

others within their organization. Additionally, those trained by the Vendor then may train select

personnel of participating Member agencies who then will train their organization’s participants.

It is felt this would be the most cost-efficient for all participating Members. Should any

Member(s) wish to be trained directly by the Vendor, and the costs of such training would be

beyond the initial Vendor scope of service with Rockford, each Member requesting such Vendor

training shall exclusively bear the costs of that additional Vendor training.

6.6 NIBRS – UCR. The Federal Bureau of Investigation is transitioning its Uniform Crime

Reporting to the National Incident-Based Reporting System which will be in effect no later than

January 2021. As part of this Agreement, Members agree to implement and participate in the

CAD/RMS Project in a manner consistent with and to maintain compliance with NIBRS.

6.7 Additional Hardware. The Member is responsible for all endpoint hardware required to run

the system components of the CAD/RMS Project and provide location information to the Public

Safety Answering Point including, but not limited to, PCs, in-squad computers, wireless service,

GPS hardware, printers, and VPN software.

SECTION VII

TERMINATON & WITHDRAWAL

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7.1 Withdrawal. Members shall have the right of withdrawal from this Agreement. If any

Member wishes to withdraw from this Agreement during the first five (5) years after the effective

date, the balance of the Member’s full purchase pricecost, as described in Section 5.4 and as

calculated by Rockford, will become immediatelycontinue as due and payable as invoiced by

Rockford pursuant to the City of Rockford.Section 5.7 until such Member’s purchase cost is paid

in full. Any previously paid annual installments of the purchase cost will be credited to the

Member’s full purchase pricecost. In addition, the Member’s subscription/maintenance cost

incurred up to the terminationwithdrawal date as calculated by Rockford becomes immediately

due and payable to Rockford. Any previously paid annual installments of the Member’s

subscription/maintenance cost will be credited to the Member’s subscription/maintenance cost.

If Member wishes to withdraw from this agreementAgreement after the first five (5) years, the

Member’s subscription/maintenance cost incurred up to the withdrawal date as calculated by

Rockford becomebecomes immediately due and payable to Rockford. Any previously paid annual

installments of the Member’s subscription/maintenance cost will be credited to the Member’s

subscription/maintenance cost.

7.2 Withdrawal Notification. Any Member shall notify Rockford in writing a minimum of

six (6) months prior to the annual payment requirement as set forth in Section 5.67 of Member’s

intent to withdraw from the Agreement. Said withdraw is not irrevocable, but should a Member

cancel a withdrawal notification, and should Rockford incur any identifiable and quantifiable

bona fide costs associated with the Member’s withdrawal notification, Rockford shall have the

right to seek such costs from the Member providing the withdrawal notification.

7.3 Termination and Notification. Rockford has the right to terminate this Agreement by

providing notice to Members at least one (1) year in advance of the next coming annual payment

requirement date as set forth in Section 5.6. Should Rockford terminate this Agreement, Members

will be responsible only for those purchase allocations and subscription/maintenance costs up to

the designated date of termination proposed by Rockford.

7.4 Data Migration upon Withdrawal or Termination. If a Member7.3 Data Migration upon

Withdrawal. If a Member or Rockford withdraws from this Agreement pursuant to this Section

VII, such Member shall have the right to retrieve its data within six (6) months of the withdrawal

date.. Rockford will work withprovide the withdrawing Member to provide that Member’s data

in a format useable by the Member but should conversion of the data be required the costs of such

conversion will be shared equally between Rockford and the withdrawing Member. Should

Rockford terminate the Agreement, such termination procedure shall include the provision of each

Members data in acommon exportable database format of that Member’s choosing, such as

Microsoft’s Structured Query Language (SQL) within three (3) months of the termination date. If

the data needs to be converted upon termination, Rockford solely will pay for the conversion of

data for each Member.withdrawal date.

SECTION 8

DATA OWNERSHIP & RIGHTS

8.1 Data Ownership. Each Member retains control of all information it provides to the RMS

at all times. Each Member is responsible for creating, updating, and deleting records it creates in

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the RMS according to each Member’s policies. Member’s shall work with Rockford through the

Operating Committee to develop industry standard best practices at data entry and data

maintenance and scrubbing and agree to follow such best practices as much as is reasonably

possible for the time allocation each Member can provide to such detail. Upon a Member

withdrawal or termination of the Agreement by Rockford, all Members are entitled to their data

as set forth in Section 7.4Upon a Member’s withdrawal from this Agreement the Member is

entitled to their data as set forth in Section 7.3 of this Agreement.

8.2 Data Access. Data in the CAD/RMS Project systems will be shared with Members that

are parties to this Agreement. Members authorize the sharing of their data to other Members

through participation in this Agreement. If a Member receives a request for information from the

RMS by anyone who is not authorized to receive this information, that Member shall refer the

request to the Member that authored or originated the data information being requested and no

information shall be shared without the permission of Member originating the information.

Nothing in this section shall prohibit Members in coordination with Rockford through the

Operating Committee to approve of data sharing agreements with other agencies outside of the

CAD/RMS Project including, but not limited to Federal and State agencies such as the Illinois

State Police, FBI, ATF, etc.

8.3 Public Records Requests. Any Member receiving a public records request, subpoena, or

court order for information in RMS not authored or originated by it shall respond to the request

indicating that it is not the Member with ownership rights to those records and that the request is

being forwarded to Member who authored or originated the requested data.

8.4 Law Enforcement Use Only. Parties to this Agreement acknowledge that the law

enforcement and other information hosted within the RMS shall only be used lawfully by

authorized law enforcement or authorized law enforcement-designated personnel only for law

enforcement purposes.

8.5 Data Access Security. Data access shall be limited to only those so authorized and shall

be by password protected and secured access and no personnel may access the system using shared

access information or information that is not exclusively their personally assigned access

information. Each transaction from the RMS shall be logged with audit trails. Members are

required to notify Rockford or an otherwise designated system administrator of any change in

access, either granting, restricting or removing, within twenty-four (24) hours of said change in

status. Reporting of a suspected violation or breach of RMS system access shall be reported in the

same manner.

8.6 Data Sharing Agreement. Should Rockford or Members wish to enter a more robust Data

Sharing Agreement, said Agreement must incorporate the basis of the terms set out herein

Sections 8.1 through Section 8.5. At a minimum, the contents of Section 8.1 of this Agreement

shall control over any limitations to such rights occurring as part of any subsequent or previous

Data Sharing Agreement. If the Data Sharing Agreement expands or extends the rights of Section

8.1 of this Agreement, then the Data Sharing Agreement may control.

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SECTION IX

INDEMNIFICATION

9.1 Indemnification. To the extent permitted by law, each Member, including Rockford, that is party to this Agreement shall indemnify, defend and hold the other Members, their officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of the indemnifying Member, its agents, employees or anyone acting under its direction or control, whether intentional or negligent.

SECTION X

MISCELLANOUS

10.1 Severability. If any provision of this Agreement is invalidated for any reason, such

invalidation shall not affect other provisions of this Agreement and the remainder of the

Agreement continues in full force and effect.

10.2 Amendment and Waiver. This Agreement may not be amended except by a writing duly

and validly executed by each of the Parties hereto. Compliance with any provision of this

Agreement may not be waived except by a writing duly and validly executed by the party waiving

such compliance. Waiver of any provision of this Agreement will not be construed as a waiver

of any subsequent breach or a waiver of any other provision of this Agreement by such party.

10.3 Choice of Law. This Agreement will be governed by the laws of the State of Illinois and

all applicable Federal statutes.

10.4 Disputes. All disputes between parties to this Agreement shall first attempt resolution

through the Operating Committee to seek compromise and solutions.

10.5 Venue. Any disputes requiring action in a court of law shall subject themselves to the

jurisdiction ofbe handled before the 17th Judicial Circuit of Illinois or the Northern District of

Illinois for federal cases.

10.6 Counterparts; Interpretation. This Agreement may be signed in counterparts, each of which

will be deemed an original, but all of which when taken together will constitute a single instrument.

Signatures delivered by facsimile and/or other electronic means (e.g., in ".pdf" format) will be

deemed to be original and will be binding for all purposes hereof. Whenever the words "include,"

"includes" or "including" are used in this Agreement, they will be deemed to be followed by the

words "without limitation."

10.7 Drafter Bias. The parties acknowledge and agree that the terms of this Agreement are the

result of on-going and extensive negotiations between the parties, both of whom are represented

by independent counsel and that this Agreement is a compilation of said negotiations. As a result,

in the event that a court is asked to interpret any portion of this contract, neither of the parties shall

be deemed the drafter hereof and neither shall be given benefit of such presumption that may be

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set out by law.

Insert signature pages

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IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement and

acknowledge that it shall have an effective date as if signed on January 1, 2019.

City of Loves Park, Illinois

By:______________________________

Its: Mayor

ATTEST:

By:________________________________

Its: City Clerk

Village of Durand, Illinois

By:______________________________

Its: President

Village of Pecatonica, Illinois

By:______________________________

Its: President

Village of Rockton, Illinois

By:______________________________

Its: President

Village of Cherry Valley, Illinois

By:______________________________

Its: President

ATTEST:

By:______________________________

Its: Village Clerk

ATTEST:

By:______________________________

Its: Village Clerk

ATTEST:

By:________________________________

Its: Village Clerk

ATTEST:

By:________________________________

Its: Village Clerk

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Village of Roscoe, Illinois

By:______________________________

Its: President

City of South Beloit, Illinois

By:______________________________

Its: Mayor

Village of Winnebago, Illinois

By:______________________________

Its: President

City of Rockford

By:______________________________

Its: Mayor

ATTEST:

By:______________________________

Its: Village Clerk

ATTEST:

By:______________________________

Its: City Clerk

ATTEST

By:______________________________

Its: Village Clerk

ATTEST:

By:______________________________

Its: City Clerk

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Exhibit A

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Purchase

Subscription/Maint.

Hardware Refresh

Village of Winnebago

Pecatonica

Durand

Loves Park

Machesney Park

South Beloit

Rockton

Roscoe

Cherry Valley

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2019 2020 2021 2022 2023 2024 2025 2026 2027 2028

Purchase $5,970 $5,970 $5,970 $5,970 $5,970

Subscription/Maint. $3,910 $4,106 $4,311 $4,526 $4,753 $4,990 $5,240 $5,502 $5,777 $6,066

Hardware Refresh $2,005 $2,005 $2,005 $2,005 $2,005

Purchase $1,492 $1,492 $1,492 $1,492 $1,492

Subscription/Maint. $978 $1,026 $1,078 $1,132 $1,188 $1,248 $1,310 $1,375 $1,444 $1,516

Hardware Refresh $501 $501 $501 $501 $501

Purchase $29,849 $29,849 $29,849 $29,849 $29,849



Purchase $4,477 $4,477 $4,477 $4,477 $4,477



Purchase $7,462 $7,462 $7,462 $7,462 $7,462



Purchase $5,970 $5,970 $5,970 $5,970 $5,970



Purchase $8,955 $8,955 $8,955 $8,955 $8,955



Purchase $4,477 $4,477 $4,477 $4,477 $4,477




Pecatonica

Durand

Loves Park

South Beloit

Rockton

Roscoe

Cherry Valley

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Exhibit B

B.1 Basic Services:

(1) CAD Mobile Client (CAD)

(2) Records Management (RMS)

(3) Field Based Reporting

(4) Evidence

(5) GIS

(6) NCIC/State Interface

(7) Accident Reporting

(8) Accident Drawing (Easy Street Draw)

B.2 Optional Services:

(1) FieldOps (Tablet based application)

(2) Data Conversion

(3) Citizen Reporting

(4) Crime Analytics

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INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION AND FUNDING OF AN INTEGRATED RECORDS MANAGEMENT SYSTEM (RMS)

THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) made effective as of date set forth in Section III, below, by and between The City of Loves Park, an Illinois Municipal Corporation (hereinafter “Loves Park”), The Village of Cherry Valley, an Illinois Municipal Corporation (hereinafter “Cherry Valley”), The Village of Rockton, an Illinois Municipal Corporation (hereinafter “Rockton”), The Village of Roscoe, an Illinois Municipal Corporation (hereinafter “Roscoe”), The City of South Beloit, an Illinois Municipal Corporation (hereinafter “South Beloit”), The Village of Winnebago, an Illinois Municipal Corporation (hereinafter “Winnebago”), The Village of Pecatonica, an Illinois Municipal Corporation (hereinafter “Pecatonica”), and The Village of Durand, an Illinois Municipal Corporation (hereinafter “Durand”), with such entities referred to individually as a “Member” and collectively as the “Members”), and The City of Rockford, an Illinois body politic (“Rockford”); and

WHEREAS, Rockford is a duly organized body politic created under the provisions of the laws of the State of Illinois. Rockford is now operating under and pursuant to the provisions of the Illinois Municipal Code, as amended (65 ILCS 5/1-1-1 et seq.; the “Municipal Code”), is a “unit of local government” as defined in Article 7, Section 1 of the Constitution of the State of Illinois, and is a “public agency” as defined in Section 2 of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and

WHEREAS, Members are duly organized bodies politic created under the provisions of the laws of the State of Illinois. Members are now operating under and pursuant to the provisions of the Illinois Municipal Code, as amended (65 ILCS 5/1-1-1 et seq.; the “Municipal Code”), is a “unit of local government” as defined in Article 7, Section 1 of the Constitution of the State of Illinois, and is a “public agency” as defined in Section 2 of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and

WHEREAS, Article VII, Section 10(a) of the Constitution of the State of Illinois authorizes units of local government 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; and

WHEREAS, Article VII, Section 10(a) of the Constitution of the State of Illinois further provides that units of local government may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities; and

WHEREAS, Section 3 of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), provides that “[a]ny power or powers, privileges, functions or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred and enjoyed jointly with any other public agency of this State...”; and

WHEREAS, Section 5 of the Intergovernmental Cooperation Act provides that “[a]ny one or more public agencies may contract with any one or more other public agencies to perform any governmental services, activity or undertaking or to combine, transfer, or exercise any powers,

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functions, privileges, or authority which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be approved by the governing bodies of each party to the contract and except where specifically and expressly prohibited by law. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.”; and

WHEREAS, the Members and Rockford are entering into this Agreement pursuant to and in accordance with the aforementioned Constitutional and statutory authorities; and

WHEREAS, the FBI Uniform Crime Reporting Program will transition to a National Incident Based Reporting System-only for data collection by January 1, 2021 which necessitates the need for each of the Members and for Rockford to implement a new data management program; and

WHEREAS, the current Records Management Systems (“RMS”) for data management in use in Winnebago county are of disparate vendors and database systems between Members and are without routine intercommunication capability between databases; and

WHEREAS, the RMS used by Rockford and by the County of Winnebago (“County”) are nearing or past end of usable life limitations with costs to extend and maintain operational capabilities being exorbitant and temporary; and

WHEREAS, the computer aided dispatch (“CAD”) programs used at the two 9-1-1 Public Safety Answering Points at Rockford are nearing or past end of usable life limitations with costs to extend and maintain operational capabilities being exorbitant and the results temporary; and

WHEREAS, Rockford took lead in the search for and development of a solution to the end of useable life concerns of CAD and RMS; and,

WHEREAS, TriTech Software (“Vendor”) was chosen by Rockford following a request for proposal process to customize and implement a suite of CAD and RMS solutions for Rockford that will effectuate law enforcement data access and sharing among and between policing agencies and that is inclusive of mobile data access to the RMS, has interconnectivity between CAD and RMS, and has automatic vehicle locating technologies all of which enhance public and responder safety (the “CAD/RMS Project”); and

WHEREAS, Rockford has offered Members the opportunity to join the CAD/RMS Project, improving their access to and provision of pertinent law enforcement data to a shared system facilitating information exchange to improve and make safer the law enforcement services provided in Winnebago county; and

WHEREAS, the cost of the software programs and installation related to CAD will be paid for by the Winnebago County Emergency Telephone System Board out of 9-1-1 surcharge money collected by the State of Illinois; and

WHEREAS, a Membership shall be conferred upon those Members who elect to enter this Agreement with Rockford and those with Memberships will share in the costs of the software

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programs, installation, annual subscription fees and development of reserves as described in this Agreement; and

WHEREAS, Rockford has made a best faith effort at determining the CAD/RMS Project costs based on current knowledge of project scope and unit costs provided by selected vendors, and the Member’s allocation of the total project costs, but final costs may vary depending on the number of Memberships; and

WHEREAS, it is anticipated Members will be provided with final costs for their individual Memberships by way of a Rider to this Agreement; and

WHEREAS, Rockford has assumed the responsibility of obtaining financing of the entire CAD/RMS Project and first payment of the allocated amount of costs from Members with Memberships will be due on or about November 1, 2019.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth in this Agreement, the Rockford and undersigned Members agree as follows:

SECTION I INCORPORATION OF RECITALS

1.1 The above Recitals are incorporated herein and made a part hereof.

SECTION II PURPOSE

2.1 The purpose of this Intergovernmental Agreement is to provide the framework for the installation and maintenance of the above described CAD/RMS Project and to outline the rights and obligations of the Members and Rockford.

SECTION III TERM

3.1 Term. This Agreement shall be effective between Rockford and the Members upon the approval and signing by each Member’s corporate authorities and shall remain in effect for ten (10) years. The effective date of the Agreement shall be January 1, 2019.

3.2 Termination. Member(s) shall have a right to withdraw from this Agreement pursuant to Section 7.1. The Agreement shall continue to remain in full force and effect for all Member(s) remaining after any Member withdrawals.

SECTION IV GOVERNANCE

4.1 Project Management. The City of Rockford will be lead Project Manager for the CAD/RMS Project. As such, the City of Rockford has responsibility and authority for managing the project schedule, scope, cost, and quality.

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4.2 System Ownership. Pursuant to Section 6.1, Rockford will be the owner of the infrastructure hardware as defined therein.

4.3 Operating Committee. Each Member shall designate a contact person to be primarily responsible for discussions among the Members and Rockford regarding the ongoing operations and functions of the systems installed during the CAD/RMS Project.

4.4 Responsibilities of Operating Committee. The Operations Committee shall meet monthly, or as frequently as needed, to discuss progress and implementation status of the CAD/RMS Project and the ongoing operations of the system, including but not limited to funding, data management, maintaining relations with Tri-Tech and the overall functioning and troubleshooting of the RMS. All Parties agree to act in good faith to seek an outcome that benefits service throughout Winnebago County as a whole and with the meaningful representation of all participants.

SECTION V FINANCE & PAYMENT

5.1 Finance. Rockford agrees to finance the full CAD/RMS Project for ETSB and all participating Members. The Term of financing of the initial purchase and installation will be five (5) years.

5.2 User Licenses. A component of the RMS is a subscription fee for the use of the software and is based on the number of users requiring access to the RMS. Each Member will designate the number of license seats it believes it requires and that number of licenses will be used to determine the pro-rata share of the purchase price and ongoing annual subscription prices. All Members will be responsible for following Vendor’s rules on licensing, including rules defining unauthorized access and sharing of user access sign-in and password information.

5.3 Member Payment. In exchange for Rockford’s financing of the CAD/RMS Project and allowing meaningful input on CAD/RMS operations through the Operations Committee, all Members holding Membership shall be assessed fees as required by the terms of this Agreement for segments of the CAD/RMS Project that include (1) the initial software purchase pursuant to Section 5.4; (2) the installation, ongoing maintenance and subscriptions pursuant to Section 5.5; and, (3) a hardware refresh estimated to be required during or after year five (5) of the Agreement pursuant to Section 5.6. By entering this Agreement, Members agree to make annual payments and to ensure that each Member’s board or corporate authority take such actions necessary, by resolution or ordinance passage or repeal, to approve this Agreement and make annual appropriation of funds to pay the Member’s Membership fees.

5.4 Allocation of Purchase Segment. Rockford will pro-rate the total cost of the CAD/EMS Project’s initial purchase price based on the proportional number of RMS user licenses requested by each Member against the total number of RMS licenses anticipated to be purchased. A schedule of this allocation is attached hereto and incorporated herein as Exhibit A. Each Member will annually be assessed their pro-rated portion of the purchase cost which shall be a fixed price pursuant to the final price provided according to Section 5.8.

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5.5 Subscription/Maintenance Cost Segment. Rockford will assess each Member the annual cost of the Member’s subscription and / or maintenance fees for the components of the RMS each has subscribed to. The annual subscription costs will be based on the number of user licenses each Member requests. Annual maintenance fees will be pro-rated for all Members.

5.6 Hardware Refresh Cost Segment. Rockford provided estimated pricing for an anticipated replacement or upgrade of the hardware system five (5) years after the start of this Agreement. Each Member to the Agreement will be responsible for paying an allocated share based on then-existing Membership numbers.

5.7 Invoices. Payment from Member(s) will be due to Rockford no later than November 1st of each year. Rockford will invoice Member(s) for actual costs on an open-book basis, sixty (60) days in advance of this date.

SECTION VI EQUIPMENT & SERVICES

6.1 Infrastructure Hardware. Rockford will procure through its Central Services Division, the supporting infrastructure hardware and software for primary and Disaster Recovery (DR) sites, including but not limited to: servers and their operating systems, storage capacity, network components, virtualization software, database software and backup system components. Rockford will install and configure project-specific server infrastructure.

6.2 Basic Services. The CAD/RMS Project consists of a number of software programs that perform specific functions (“Modules”). Each Membership will grant access to a certain number of Modules available to everyone that comprise the Basic Services provided by the RMS with integration into CAD services where available. These Basic Services are detailed in and incorporated into this Agreement as Exhibit B. Access to Basic Services forms the baseline purchase price and subscription/maintenance costs charged to the Members as detailed in Section V of this Agreement.

6.3 Optional Services. The CAD/RMS Project has additional Modules that individual Members may find useful and wish to purchase subscriptions individually. These Optional Services are detailed in Exhibit B. The purchase and or subscription costs will only be charged to the Member(s) who explicitly request writing to have access to those Modules added for their users. Optional Services will not be allocated and spread among the Member(s) not having access to such Optional Services.

6.4 Customized Services. From time to time individual Members may wish to work with Rockford and Vendor to design or gain access to Modules which are not part of the Basic Services or Optional Services. All costs for such Customized Service shall fall exclusively upon the requesting Member and such costs shall not be allocated among the remaining Members participating in this Agreement. Nothing in this Section shall prohibit one or more Members from agreeing among themselves to share in the cost of purchase and continuing costs of subscriptions for Customized Services.

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6.5 Training. Each Member will assign qualified personnel to the CAD/RMS Project to participate in technical decisions and implementation support. Vendor will supply training on the components of the CAD/RMS Project to the City of Rockford and to Members as defined in its agreement with Rockford. The rollout of the training to the communities is primarily to be that of a “train the trainer” nature in which those receiving training from the Vendor will then train others within their organization. Additionally, those trained by the Vendor then may train select personnel of participating Member agencies who then will train their organization’s participants. It is felt this would be the most cost-efficient for all participating Members. Should any Member(s) wish to be trained directly by the Vendor, and the costs of such training would be beyond the initial Vendor scope of service with Rockford, each Member requesting such Vendor training shall exclusively bear the costs of that additional Vendor training.

6.6 NIBRS – UCR. The Federal Bureau of Investigation is transitioning its Uniform Crime Reporting to the National Incident-Based Reporting System which will be in effect no later than January 2021. As part of this Agreement, Members agree to implement and participate in the CAD/RMS Project in a manner consistent with and to maintain compliance with NIBRS.

6.7 Additional Hardware. The Member is responsible for all endpoint hardware required to run the system components of the CAD/RMS Project and provide location information to the Public Safety Answering Point including, but not limited to, PCs, in-squad computers, wireless service, GPS hardware, printers, and VPN software.

SECTION VII WITHDRAWAL

7.1 Withdrawal. Members shall have the right of withdrawal from this Agreement. If any Member wishes to withdraw from this Agreement during the first five (5) years after the effective date, the Member’s full purchase cost, as described in Section 5.4 and as calculated by Rockford, will continue as due and payable as invoiced by Rockford pursuant to Section 5.7 until such Member’s purchase cost is paid in full. Any previously paid annual installments of the purchase cost will be credited to the Member’s full purchase cost. In addition, the Member’s subscription/maintenance cost incurred up to the withdrawal date as calculated by Rockford becomes immediately due and payable to Rockford. Any previously paid annual installments of the Member’s subscription/maintenance cost will be credited to the Member’s subscription/maintenance cost. If Member wishes to withdraw from this Agreement after the first five (5) years, the Member’s subscription/maintenance cost incurred up to the withdrawal date as calculated by Rockford becomes immediately due and payable to Rockford. Any previously paid annual installments of the Member’s subscription/maintenance cost will be credited to the Member’s subscription/maintenance cost.

7.2 Withdrawal Notification. Any Member shall notify Rockford in writing a minimum of six (6) months prior to the annual payment requirement as set forth in Section 5.7 of Member’s intent to withdraw from the Agreement. Said withdraw is not irrevocable, but should a Member cancel a withdrawal notification, and should Rockford incur any identifiable and quantifiable bona fide costs associated with the Member’s withdrawal notification, Rockford shall have the right to seek such costs from the Member providing the withdrawal notification.

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7.3 Data Migration upon Withdrawal. If a Member or Rockford withdraws from this Agreement pursuant to this Section VII, such Member shall have the right to retrieve its data. Rockford will provide the withdrawing Member that Member’s data in a common exportable database format, such as Microsoft’s Structured Query Language (SQL) within three (3) months of the withdrawal date.

SECTION 8 DATA OWNERSHIP & RIGHTS

8.1 Data Ownership. Each Member retains control of all information it provides to the RMS at all times. Upon a Member’s withdrawal from this Agreement the Member is entitled to their data as set forth in Section 7.3 of this Agreement.

8.2 Data Access. Data in the CAD/RMS Project systems will be shared with Members that are parties to this Agreement. Members authorize the sharing of their data to other Members through participation in this Agreement. If a Member receives a request for information from the RMS by anyone who is not authorized to receive this information, that Member shall refer the request to the Member that authored or originated the data information being requested and no information shall be shared without the permission of Member originating the information. Nothing in this section shall prohibit Members in coordination with Rockford through the Operating Committee to approve of data sharing agreements with other agencies outside of the CAD/RMS Project including, but not limited to Federal and State agencies such as the Illinois State Police, FBI, ATF, etc.

8.3 Public Records Requests. Any Member receiving a public records request, subpoena, or court order for information in RMS not authored or originated by it shall respond to the request indicating that it is not the Member with ownership rights to those records and that the request is being forwarded to Member who authored or originated the requested data.

8.4 Law Enforcement Use Only. Parties to this Agreement acknowledge that the law enforcement and other information hosted within the RMS shall only be used lawfully by authorized law enforcement or authorized law enforcement-designated personnel only for law enforcement purposes.

8.5 Data Access Security. Data access shall be limited to only those so authorized and shall be by password protected and secured access and no personnel may access the system using shared access information or information that is not exclusively their personally assigned access information. Each transaction from the RMS shall be logged with audit trails. Members are required to notify Rockford or an otherwise designated system administrator of any change in access, either granting, restricting or removing, within twenty-four (24) hours of said change in status. Reporting of a suspected violation or breach of RMS system access shall be reported in the same manner.

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SECTION IX INDEMNIFICATION

9.1 Indemnification. To the extent permitted by law, each Member, including Rockford, that is party to this Agreement shall indemnify, defend and hold the other Members, their officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of the indemnifying Member, its agents, employees or anyone acting under its direction or control, whether intentional or negligent.

SECTION X MISCELLANOUS

10.1 Severability. If any provision of this Agreement is invalidated for any reason, such invalidation shall not affect other provisions of this Agreement and the remainder of the Agreement continues in full force and effect.

10.2 Amendment and Waiver. This Agreement may not be amended except by a writing duly and validly executed by each of the Parties hereto. Compliance with any provision of this Agreement may not be waived except by a writing duly and validly executed by the party waiving such compliance. Waiver of any provision of this Agreement will not be construed as a waiver of any subsequent breach or a waiver of any other provision of this Agreement by such party.

10.3 Choice of Law. This Agreement will be governed by the laws of the State of Illinois and all applicable Federal statutes.

10.4 Disputes. All disputes between parties to this Agreement shall first attempt resolution through the Operating Committee to seek compromise and solutions.

10.5 Venue. Any disputes requiring action in a court of law shall be handled before the 17th Judicial Circuit of Illinois.

10.6 Counterparts; Interpretation. This Agreement may be signed in counterparts, each of which will be deemed an original, but all of which when taken together will constitute a single instrument. Signatures delivered by facsimile and/or other electronic means (e.g., in ".pdf" format) will be deemed to be original and will be binding for all purposes hereof. Whenever the words "include," "includes" or "including" are used in this Agreement, they will be deemed to be followed by the words "without limitation."

10.7 Drafter Bias. The parties acknowledge and agree that the terms of this Agreement are the result of on-going and extensive negotiations between the parties, both of whom are represented by independent counsel and that this Agreement is a compilation of said negotiations. As a result, in the event that a court is asked to interpret any portion of this contract, neither of the parties shall be deemed the drafter hereof and neither shall be given benefit of such presumption that may be set out by law.

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IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement and acknowledge that it shall have an effective date as if signed on January 1, 2019.

City of Loves Park, Illinois

By:______________________________ Its: Mayor

ATTEST:

By:________________________________ Its: City Clerk

Village of Durand, Illinois

By:______________________________ Its: President

Village of Pecatonica, Illinois

By:______________________________ Its: President

Village of Rockton, Illinois

By:______________________________ Its: President

Village of Cherry Valley, Illinois

By:______________________________ Its: President

ATTEST:

By:______________________________ Its: Village Clerk

ATTEST:


ATTEST:

By:________________________________ Its: Village Clerk

ATTEST:

By:________________________________ Its: Village Clerk

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Village of Roscoe, Illinois

By:______________________________ Its: President

City of South Beloit, Illinois

By:______________________________ Its: Mayor

Village of Winnebago, Illinois

By:______________________________ Its: President

City of Rockford

By:______________________________ Its: Mayor

ATTEST:


ATTEST:

By:______________________________ Its: City Clerk

ATTEST


ATTEST:

By:______________________________ Its: City Clerk

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Exhibit A

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028Purchase $5,970 $5,970 $5,970 $5,970 $5,970Subscription/Maint. $3,910 $4,106 $4,311 $4,526 $4,753 $4,990 $5,240 $5,502 $5,777 $6,066Hardware Refresh $2,005 $2,005 $2,005 $2,005 $2,005Purchase $1,492 $1,492 $1,492 $1,492 $1,492Subscription/Maint. $978 $1,026 $1,078 $1,132 $1,188 $1,248 $1,310 $1,375 $1,444 $1,516Hardware Refresh $501 $501 $501 $501 $501Purchase $29,849 $29,849 $29,849 $29,849 $29,849Subscription/Maint. $19,550 $20,528 $21,554 $22,632 $23,764 $24,952 $26,199 $27,509 $28,885 $30,329Hardware Refresh $10,027 $10,027 $10,027 $10,027 $10,027Purchase $4,477 $4,477 $4,477 $4,477 $4,477Subscription/Maint. $2,933 $3,079 $3,233 $3,395 $3,565 $3,743 $3,930 $4,126 $4,333 $4,549Hardware Refresh $1,504 $1,504 $1,504 $1,504 $1,504Purchase $7,462 $7,462 $7,462 $7,462 $7,462Subscription/Maint. $4,869 $5,112 $5,368 $5,636 $5,918 $6,214 $6,525 $6,851 $7,193 $7,553Hardware Refresh $2,507 $2,507 $2,507 $2,507 $2,507Purchase $5,970 $5,970 $5,970 $5,970 $5,970Subscription/Maint. $3,910 $4,106 $4,311 $4,526 $4,753 $4,990 $5,240 $5,502 $5,777 $6,066Hardware Refresh $2,005 $2,005 $2,005 $2,005 $2,005Purchase $8,955 $8,955 $8,955 $8,955 $8,955Subscription/Maint. $5,865 $6,158 $6,466 $6,790 $7,129 $7,486 $7,860 $8,253 $8,665 $9,099Hardware Refresh $3,008 $3,008 $3,008 $3,008 $3,008Purchase $4,477 $4,477 $4,477 $4,477 $4,477Subscription/Maint. $2,933 $3,079 $3,233 $3,395 $3,565 $3,743 $3,930 $4,126 $4,333 $4,549Hardware Refresh $1,504 $1,504 $1,504 $1,504 $1,504


Pecatonica

Durand

Loves Park

South Beloit

Rockton

Roscoe

Cherry Valley

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Exhibit B

B.1 Basic Services:

(1) CAD Mobile Client (CAD) (2) Records Management (RMS) (3) Field Based Reporting (4) Evidence (5) GIS (6) NCIC/State Interface (7) Accident Reporting (8) Accident Drawing (Easy Street Draw)

B.2 Optional Services:

(1) FieldOps (Tablet based application) (2) Data Conversion (3) Citizen Reporting (4) Crime Analytics

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January 7, 2019 PRESIDENT’S REPORT

Review and response to e-mails and telephone calls during the month of December

December 4, 2018 – Guest speaker for Winnebago Chamber – breakfast presentation regarding Liquor Referendum and what happens now after the prohibition of the sale of alcohol has ended in Winnebago. Interview with all three tv stations

December 5, 2018 – office hours

December 6, 2018- attended 4th of July committee meeting

December 10, 2018 – Telephone conference with Lori Forsythe regarding Kelley Williamson interest with video gaming in Winnebago.

December 10, 2018 – attended and led Village Board meeting

December 11, 2018 – attended 9-1-1 Governance meeting in Machesney Park. Finalized draft terms for financing and governance. Discussed RMS/CAD IGA

December 11, 2018 – office hours, meetings with Chad Insko, Chuck Van Sickle, and Mary Gaziano to discuss Highland development area. Met with Chuck Van Sickle and Mary Gaziano to review and discuss zoning application forms and other forms to help streamline zoning petitions and zoning process

December 11, 2018 – attended Village Christmas luncheon

December 13, 2018 – Guest speaker for Winnebago Chamber – Dinner presentation regarding Liquor Referendum and what happens now after the prohibition of the sale of alcohol has ended in Winnebago.

December 19, 2018 – office hours

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VILLAGE OF WINNEBAGO AGENDA REGULAR BOARD MEETING …€¦ · village of winnebago . agenda . regular board meeting . january 7, 2019 at 7:00 p.m. i. pledge of allegiance ii. roll

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