Resolution 2011-17 Resolution No. -101I-_Tq_ ._
A. RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COI-NITY, ILLL-4015
APPROVING THE INTERGOVERNMENTAL AGREEMENT CREATING KENDALL
COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATION BOARD DATED
NOVEMBER 18,2010'tA'ITH EXHIBIT I WITH ATTACHMENT la ATTACHED HERETO
WHEREAS. the t-Inited City of Yorkville. Kendall Count), Sheriff-s office. the Village
of Newark, Lisbon-SeNvard Fire Protection District, Newark Fire Protection District, Little Rock-
Fox Fire Protection District, Bristol-Kendall Fire Protection District and Oswego Fire Protection
District approved and executed the Intergovernmental Agreement Creating Kendall County
E.-mergency Phone Service and Communication Board dated November 18, 2010 (the
and,
WHEREAS. the United City of Yorkville. Kendall County. Illinois, is desirous of
approving the Agreement on the condition that Exhibit I thereto is replaced with exhibit I with
attachment 1a as attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
L'nited City of Yorkville. Kendall County. Illinois. that the Intergovernmental Agreement
Creating Kendall County Emergency Phone SerNriCe and Communication Board dated November
18, 2010, is hereby approved on the condition that Exhibit I and I a in the form attached hereto
replaces Exhibit I as attached to said Agreement as of November 18, 2010.
Dated thls2" day- of August, 2011.
Passed b,,,, the City Council of the United City of Yorkville, Kendall Countly. Illinois, this
days of AuGu-sr --', A.D. 2011,
CHRIS FUNKHOUSER GEORGE T. GILSON, JR.
CARLO COLOSIN10 DIANE TEELING
JACQUELYN N411-SCHEW SKI MARTY
ROSE SPEARS LARRY KOT
NK l-a y o r
Auest.,
C'ty Clerk
,Exhibit I
I The Countv Board shall take the necessary action to authorize a
referendum to increase the monthly Telephone Surcharge by S .75 as authorized by the
Emer-,cncv Telerhone Svstern Act of Illinois (65 ILCS 7501�.Ol ei seq.) to be placed on
the ballot'at the 'elect ion'scheduled for :March 20, 2012. In the event such referendum is
not approved by a majority of voters in said election, the County Board shall again take
the necessary action to authorize such referendum at the next election following March
20, 2012,as
permitted b-, law.
2. The County of Kendall agrees to fund KenCom 51.884,504 for actual
expenses each calendar year commencing
December 1. 2011, subject to reduction as
provided in paragraph 5 below,
C�
3, Thai all costs as provided herein (are described in the attached Exhibit la)
in excess of that provided for in paragraph one (1) shall be divided in accordance with
actual usage of the system allocating the shared cost proportionately based upon the three
year average of the actual CAD ticket count calls made b,, the jurisdiction of the
participating agencies.
4. That the three year average of the CAD ticket count shall be made based
,
upon the July I'` to June 01h-� dates for each respective year and the ensuing allocation of
cost would be based upon the average CAD ticket count calls made flor the three year
averaging preceding July I" of each respective year beginning oil July 1, 2010.
5. TbaT commencing oil the I` day of December 2011. the Count-N, of
Kendall, as one of the agencies, will snake Its annual contribution in the amount of
S1,884,504. The Fire Districts shall make contributions per the aforesaid formula
commencing May 1, 2012. Cornmencing on the I" day of Ma,, 2014, each of the
participating agencies, including the Kendall County Sheriff's office and the
municipalities (the Sheriffs office and the municipalities collectively the -policing
agencies"), shall pay its respective "Percentage" (as defined in Exhibit IB) for the costs
of equipment and operation in excess of the 51,884,504 based upon the three year
average CAD ticket count calls as above described. Each of the obligations of the
respective agencies may be paid in full on May I" or equally allocated over the ensuing
months prior to the next yearly annual contribution obligation. In the event costs of
operation are less than S 1,8f14 504, or revenues from the Telephone Surcharge or other
sources are increased, the Countv
. payment shall be reduced by the same amount of the
reduction in costs or increase in revenues so long as no contributions shall be required
from those agencies participating as of the date of this Agreement. Details of expense
sharing are outlined on Exhibit I a attached hereto.
It is understood and agreed that the Village of' Oswego, the City of
commencing May 1, 2014 and oil each I'May
Yorkville and the City of Plano shall paN
thereafter, in the same manner as the other participating agencles, their respective
amounts based upon their calculated share.
2
With regard to any budget deficiencies for the two t2) budget years
beginning December ), 21012 and December 1. 201-3), the ETSB will pay the amount
necessary to balance the budget up to the sum of One Hundred Fifty Thousand Dollars
($150,060.00)per year.
6. On or Lvfore November I" of each vear hereafter. the KenCorn Executive
Board, shall have adopted the KenCom dispatch service-, budget for the next fiscal year
beginning December V' and shall notifN each of the participating agencies herein of the
total of budgetary costs to be divided among the participating agencies for the next fiscal
year beginning December I'' of the following year.
7. Exhibit B shall be revised to reflect $1.884,504 as the basis for all cost
allocation.
Exhibit la - Details of Expense Sharing Accounting
FY 2012 Comp!ete the budget and eswsw excess on$1,884504 million
Calculate and distribute shanng amounts by Dec 1.2D11,
KenCnmbudgets for the difference between botd budget and total o|
all enhVes'sharing amounts-opto%150.0O0� approx.Dec 1.2O11
Fire Districts and Sheriff budget for sharing amounts. approx.May 1.2812
Fire Districts&Sheriff pay calculated sh 012
FY 2013 Calculate over/under payments by the non-county entities from previous year based on
actual expenses and create credit:r debit»tatemonts� by Dec 1'2U12
Ca|ou!ate over payments by the Coumtv from previous year based on
actual expenses and cma$s credit sUomonL by Dec It,2O12
Complete the budget and exftretr-edemcea on$1.8845O4million.
Calculate and distribute sharing amounis(less any oreUiio). by Dec 1.2812
Kan[bm budgets for the difference between total budget and total of
all enb0es'sharing amounts-upto$1B}.UOO: approx,Dec 1.2D12
Fire Districts and S�anffbudQe',for sharing amouots approx.May 1.2013
Fire Districts&Sheriff pay calculated shares('34 police agencies exempt) May i 2013 or eql pmts by Dec 1,2013
FY 2014 Ca|Cu|ateovarlundorpay7naots,bythenon+cmntyent!UGshompraviVonyomrbaaedon
actual expenses and create credit or debit statemonts by Dec 1.2O13
Calculate over payments by the County from,previous year based on
actual expenses and create credit statement by Dec 1.2O13
Complete the budget and asdmaamd excess or,$18G4SO4million,
Ce|ou|a(n and distribute sharing amounts(less any nred/ts>�: by Dec 1.2813
Fire Districts and Skyhff,budget for sharing amounts. approx.May 1.2814
Police agencies budget mmfollows
Omweoo$37OD8�Plano S18,0D8,Ymrk`We S22,0100, approx.May 1'2O14
All entities pay fixed and calculated shares'.including prior creditsldebils)i IMay 1,2014 or eql prr.ts by Dec 1,2014
FY 2015 Calculate ovar1onder payments by the ooneouoty entities hnm previous year based nn
actual expenses and create credit mr debit stotem*ntyi hy Dec i.2O14
Calculate over payments by the County from previous year based on
actual expenses and create credit statement, by Dec 1.2014
Complete the budget and as�sajed excess oo 8845O4m0imn
Calculate and distribute sharing amounts(less any cred(|u).. by Dec 1.2014
Fire Districts and Snmr;ff budget for sharing ammints, approx hlav1^201S
Potue agencies budget asfollows,
[isvego$37.OM piano$1G.00�Yorkville$22.000� appmx,Way1.2015
All entities pay fixed and calculated shares Lincluding prior.creditsidebits'). May 1,2015 or egi pmts by,Dec 1,201
FY 2016 Calm|atenverturider payments by the non-county entithes from previous year based on
actual expenses and create credit mdebit statements by Dec 7.2O15
Calculate over payments hy the County from previous year based on
astum!oxpensmx and create credit statement by Dec 1`ZO1S
Complete the budget and as,�rg.tejexcess on$1.04504m0ion
Calculate and distribueshannQ amounts(iea any credits>�� by Dec 1.2O1S
Ali entities bmdye\to(sharing amounts: approx,May 1.2O16
All entities pay fixed and calculated snares(including prior creditsJdebits). May.'11,2016 or eql pmts.by Dec 1,2016
FY 2017 ...duplicate thereafter
I'N'TERGOVERNMEN'TAL AGREEMENT
CREATING KENDALL COLNTY EMERGENCY PHONE SERVICE
AND COMMUNICATIONS BOARD
November 18. 2010
WHEREAS,the voters of Kendall County have approved the development of an
Enhanced 9-1-1 (E-9-1-I) Emergency Telephone Service,and;
WHEREAS,the County of Kendall, Kendall County Sheriff's office,as well as each unit
of local government therein dealing with emergency jervices.viz. The County of Kendall,the
City of Plano,the United City of Yorkville,the Village of Oswego,the Village of Newark,
Lisbon-Seward Fire Protection District,Newark Fire Protection District, Little Rock-Fox fire
Protection District,Bristol-Kendall Fire Protection District and Oswego Fire Protection District,
have an interest in the creation and operation of a communications system to dispatch and
communicate regarding the usual and customary functions of said bodies dealing with police,
fire and emergency medical services(EMS)functions and;
WHEREAS,the County of Kendall is willing to provide the physical location for such
system and all of the participating units of local government will provide the costs of operations
and provide operations necessary therefore in excess of that provided by the telephone surcharge
imposed upon the users within the County as outlined in Exhibit I attached, and;
WHEREAS,To the extent permitted under 50 ILCS 750,the Emergency Telephone
Systems Act,the KenCom Executive Board shall direct the disbursement of all 9-1-1 surcharge
funds collected.
IT IS HEREBY AGREED AS FOLLOWS:
1. That the County of Kendall shall appoint a board, hereinafter called the KenCom
Executive Board to perform the following functions:
Page I of 4
a, Create and operate an Enhanced 9-1-1 Emergency Telephone System as
provided by 50 ILCS 750,the Emergency Telephone Systems Act.
b. Operate a conventional dispatch system for police,fire and EMS services.
c. Employ such persons necessary to effectuate the above.
d. Determine from time to time the surcharge rate to be charged and recommend
any changes thereto to the County Board.
2. That the board to be appointed shall consist of twelve members who shall have the
following qualifications:
a, All members shall have the ability or experience to administer the E-9-1-1
Service,under the Statute
b. One member shall be the Sheriff of Kendall County. The Alternate for the
Sheriff shall be the Chief Deputy. The alternate will serve in the absence of
the Sheriff.
c, One member and one alternate shall be appointed by the Chairman of the
County Board with the advice and consent of the County Board and shall be a
County Board Member. The alternate will serve in the absence of the primary
member.
d. One member and one alternate from each of the four municipalities of the
City of Plano,the United City of Yorkville,the Village of Oswego,and the
Village of Newark shall be appointed by the City/"Village Mayor/President;
and approved by the Chairman of the County Board with the advice and
consent of the County Board.
The Chairman of the County Board shall approve such persons and alternates
from the respective municipalities as designated by the Mayor or Village
Pap 2 of 9
President,and shall be Alderman,Trustees,Mayors or Village Presidents.The
alternates will serve in the absence of the primary member.
e, One member and one alternate from each of the five Fire Protection Districts
of Lisbon-Seward, Newark, Little Rock-Fox,Bristol-Kendall,and Oswego
shall be appointed by the President of the Fire Protection District with the
advice and consent of the Fire Protection District Board of Trustees and
approved by the Chairman of the County Board with the advice and consent
of the County Board. The primary Fire Protection District member shall be a
Trustee of the respective Fire Protection District.-
The alternates will scrvc in the absence of the primary member.Alternates
shall be a trustee or chief officer of the respective Fire Protection District.
f One member shall be a Member-At-Large who is a registered voter of KCMWI
County who shall be appointed by the Chairman of the County Board with the
advice and consent of the Count),Board.
g. Only one person from each governmental agency and the member-at-large
represented by this agreement may cast a vote. Alternates may only vote in
the absence of the member appointed to the KenCom Executive Board.When
the member is present,the alternate may not vote nor may they constitute a
member for purpose of determination of a quorum.
3. All actions taken by the KenCom Executive Board will follow procedures
established in Roberts Rules of Order,except that a veto of any action may occur
as follows:
a. By the Member representing the County Board
b. By two of the four members representing the four cities and villages.
PW 3 of 4
c. By three of the five members representing the Fire protection Districts.
It is further agreed,however, that any veto exercised hereunder may be
overridden by an affirmation vote of eight(8)members of the KenCom Executive
Board.
4. That in design of the E9-1-1 System,a backup or secondary Public Safety
Answering Point(PSAP)is necessary. The parties hereto agree that such PSAP
shall be designed within the constraints of the primary 9-1-1 telephone service
provider for Kendall County.
5. In design of the E-9-1-1 System,the panics agree, Within design constraints of the
primary 9-1-1 telephone service provider for Kendall County,all lines coming
from the respective four cities and villages to the Central PSAP, including all
future annexations to said cities and villages shall be grouped to permit exclusion
from the System if in the future any of said cities or villages should choose to
operate independent of the coun"ide system.
6. That each of the municipalities or fire protection districts hereto may, by giving
1,460 days notice to the Chairman of the County Board,withdraw from KenCom
providing that compliance be made with 83 Illinois Administrative Code,Part
725. Said notice shall be in writing and signed by the President of the Fire
Protection District or the Mayor or Village President of the municipality.-
7. Members of the KenCom Executive Board may only be removed by the
Chairman of the County Board With the advice and consent of the Mayor Or
Village President of a city or village,or President of the Board of Trustees of the
Fire Protection District who appointed the member to the Board.
The parties do further agree that upon request by the Mayor, Village President,or
ftSt 4 of 9
Fire Protection District President,any such respective member will be removed. Any
vacancy on the KenCom Executive Board must be filled within 90 days,or the
County Board Chairman will appoint a member from that unit of local government
who meets the same qualifications as set forth above.
8. That the KenCom Executive Board as appointed hereunder shall meet and
organize in accordance with the rules of organization in Robert's Rules of Order,
including but not limited to the election of a President,Secretary and such other
officers as the Board may deem from time to time necessary. it is expressly
agreed,however,that all members of the KenCom Executive Board as
hereinabove structured shall be eligible for the office of President except for the
Sheriff of Kendall County.
9. That the parties expressly acknowledge that protocols may differ for dispatch
between units of local government and the County Sheriffs office. It is the intent
of this Agreement that central dispatch shall accommodate the individual needs of
all parties to this Agreement to the extent standardization requirements of the
Illinois Commerce Commission permit.
10,Upon creation of this KenCom Executive Board there is simultaneously created
an Operations Board hereafter referred to as operations Board. The purpose of
the operations Board is to coordinate,monitor and oversee the actual operation of
all communications under the jurisdiction of the KenCom Executive Board
subject only to policy being established by KenCom Executive Board.The
members of the Operations Board shall be determined from time to time by the
units of local government who are signatories to this Agreement,or as approved
by the Executive Board.The operations Board shall contain representatives firom
PW$of 9
each unit of local government. Such members shall be persons who work on a
day to day basis with the users of the E-9-1-1 system. Such membership of the
Operations Board is allocated as follows:
Name of Unit of local Government Numb-.r of Members
Kendall County Sheriff's Office I
United Cit-y of Yorkville
Village of Newark
City of Piano
Village of Oswego
List on-Sc Fire Protection District
Ncwark Fire Protection District
Little Rock-Foy. rirc Protection District
Oswego Fire Protection District
Bristol-Kendall Fire Protection District
Appointment as a member or alternate to the KenCom,Operations Board shall be made
by the units of local government being served by KenCom,and approved by the KenCorn
Executive Board.
The statutory responsibility of the Emergency Telephone Systems Board(ETSB)
shall,upon ratification of this Agreement by all participating units of local government,
be assumed by the KenCoTn Executive Board.Thereafter,the KenCorn Executive Board
shall delegate to the Operations Board the responsibility of the planning,design and
operation of the E-9-1-1 system. it is the intention of this Agreement that the KenCom,
Executive Board shall continue to operate as the fiscal and policy oversight Board for the
E-9-1-1 system.
Pie 6of 9
As part of the fiscal responsibility of the KenCom Executive Board,a 9-1-1
surcharge budget shall be prepared and approved by the Board, The KenCom Operations
board shall review and authorize payment of bills as they become due,on a monthly
basis,as long as they are a part of the approved budget. At the quarterly meeting of the
KenCom Executive Board,a report will be presented by the Board's appointed Treasurer,
listing all bills paid for their review and approval.
The Parties hereto further expressly agree that the Director of Communications
shall be selected by the KenCom Executive Board and that fiscal and policy,jurisdiction
shall be executed by the KenCom Executive Board. it is further agreed that the
employed Director of Communications shall not be an appointed member of the KenCom
Executive Board,
11. Any unit of local government hereunder may hereafter choose to operate dispatch locally
providing a]I E-9.1-1 dispatch shall continue under the auspices and operation of
KenCom,
12.That the parties hereto agree that this Agreement shall be reviewed annually from the
date that this agreement is signed by all parties.
13.No compensations shall be paid to any member of the KenCom Executive Board for
official duties as a member of the KenCom Executive Board.
14,The Kendall County Emergency Phone Service and Communications Board shall comply
with and be subject to the open Meetings Act and the Freedom of Information Act. The
Executive Board shall meet quarterly and shall comply with the statutes of the State of
Illinois regarding meetings.
This agreement shall be successor to all prior Agreements and all prior Agreements are
hereby nullified and repealed.
PW 7 of 9
1_5, If any provision of this Agreement is held to be invalid,that provision shall be
stricken from this Agreement and the remaining provisions shall continue in full force
and effect to the fullest extent possible.
Adopted this-day of
County of Kendall
Attest:
Adopted this day of
Kendall County Sheriff's Office
BY',
Attest:
Adopted this--day of
City of Plano
By:
Attest:
Adopted this_day of
United City of Yor 'Ile
Y
By',
Attest*
�
Adopted this day of k4w
01
il.
Village of Newark
By:
Attest:
?or a of 9
Adopted this ---day of
Village of Oswego
By:
Attest:
Adopted this day of
Lisbon-Seward Fire Protection District
B,v
Attest:
Adopted this-day of
Newark Fire Protection District
By.
Attest,
Adopted this day of
Little Rock-Fox Fire Protection District
By:
Attest:
Adopted this day of
Bristol-Kendall Fire Protection District
By:
Attest:
Adopted this day of
Oswego Fire Protection District
By:
Attest:
Page 9 of 9
EXHIBIT I
1,That the County of Kendall shall pay the sum of 1,6395 million dollars each year
towards the Cost of Ken Com dispatching services,
2. That all Costs as provided herein(are described in the attached Exhibit I a)in excess
of that provided for in paragraph one(1)shall be divided in accordance a th aasystem allocating the shared cost proportionately based upon the three yr average of the actual
CAD ticket count calls made by the jurisdiction of the participating agencies,
3.That the three year average of the CAD ticket count shall be made based upon the July
11 to June 30'dates for each respective year and the ensuing allocation I of cost would be based
upon the average CAD ticket count calls made for the three year averaging-preceding July l'of
each respective year beginning on July 1,2010.
4.That commencing on the 11 day of May 2011 the County of Kendall as one of the
agencies will make its annual contribution in the amount of 1,6395 million doll=(payable in the
%ame manner as all the agencies). Also commencing on the 11 day of May,2011,each of the
participating agencies,including the Kendall County Sheriffs office,shall pay its respective
"Percentage"(as defined in Exhibit lb)for the costs of operation in excess of the 1.6395 million
dollars based upon the three year average CAD ticket count calls as above described. Each of the
obligations of the respective agencies May be Paid in full on May 11 or equally allocated over the
ensuing months prior to the next yearly annual contribution obligation.
Providing however that the Village of Oswego,the city of Yorkville and the City Of
Plano will pay nothing the first year commencing on December 1,2011 and in the two(2)years
thereafter namely December 1,2012 and December 1,2013,shall pay the following sums on
May 11 of the applicable year: Oswego Thirty Seven Thousand($37,000-00)Dollars; Yorkville
Twenty Two Thousand($22,000.00);Plano Sixteen($16,000.00)Dollars.Thereafter the
foregoing Municipalities shall pay in the same manner as the other participating agencies based
upon their calculated share.
With regard to any budget deficiencies for the two(2)budget years beginning
December 1,2012 and December 1.2013,the ETSB will pay the amount necessary to balance
the budget up to the sum of One Hundred Fifty Thousand(S 150,000.00)Dollars per year.
5, On or before November I I of each year hereafter,the Ken Com Executive Board,shall
services budget for the next fiscal year beginning May I"
have adopted the K m en Co dispatch costs to be
and shall notify each of the participating agencie s herein of the total of budgetary
divided among the participating agencies for the next fiscal year beginning May I'of the
following year,
EXHIBIT A
Definition
"Cast" of KENCOM operation
Actuais
ACT cog t pescrip0on 2008-08
PERSONNEL. 84,W8
0102-035-6101 Director 63,58506
0102-035-6105 Assistant Director 134,522
0102-035-0102 supervisors
Net^vWGlS Admin 735,330
0102-035-6103 opm'ators 103,769
0102.035.6`108 overtime 44,898
01022-035-6110 HoklaY Pay 4,�
0102-035"6114 Santa rw-Training 0
Salary Coordinator
Total Personnel 1.171,576
Estimated t~rMge (F)CA,,transfer
!er t8 Kesxiatl
County VV**em Comp
Ccaunty IMRF Pension transfer to Ken4W Canty
Health Cage VO4W 10 Kendall C uritY? 1,5060
Co"TRACTUAL 30
0102-035.8202 84oWSLm riptiont 1,358
e
01{}2-035-6203 D; Memberships 788
0102-035-6204 Conferences 2,928
0102-035.6206 Training 5,782
0102-035-8218 Equipment Main
0102-035.6219 printingtpabLications 1,695
0102-035.8227 Teleph" Rental
4102-03"236 ttment a Rental
Rental 226
0102-035-6600 46,367
0102-035-6601 Radio Lines
0102-035-6109 Recorder
Maintenance-other
Total Contredwt
59,164
COMMODITIES 1,537
0102-0354200 offica Supplies 220
0102-0354201 Postage
0102-035-6205
2,561
Total Cormnodttle s
OTHER 14,651
0102-035- W2 t eads/.ivescant
0102 43548603 Employee SOVOnft
14,$81
Tout Other
Deporbrtent TOW 1.639,486
EXHIBIT B
Percentages Cost Allocation over$1.6395 Million
The following is the formula for how Cost over 31.6395 million dollars are to be
allocated among the participating agencies. If one or more of the Agencies listed is not
part of this went their share of Cost shall be proportionally allocated among the then
participating agencies.
Cost over S 1.6395 trillion dollars shall be allocated
15%to Fire Service agencies
85%to Police 5awice agencies
Within the Fire Service agencies,Cost allocation to each Fire Service agency shall be
prorated to each Fire agency based on that agency's percent of the total Fire Service CAI)
ticket count made for a 3 year average preceeding July 114 of each respective year
beginning on July 1,20 10.
The same method shall be used for the police Service agencies.