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Home My WebLink AboutRESOLUTION - 5-04 - 2/24/2004 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 5-04 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (9-1-1 SURCHARGE) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE FUNDING OFA 9-1-1 SURCHARGE REALLOCATION a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Cleric is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT. 0 PASSED this 24h day of February 2004. APPROVED this 24m day of February 2004. ATTEST: Ann I. Walsh, Village Clerk APPROVED: Craig B. Johnson, Mayor RES0602agreementCookTelephone.do INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE Village of Elk Grove FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION INTERGOVERNMENTAL AGREEMENT BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE MUNICIPAL AGENCY KNOWN AS Village of Elk Grove Village FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION This AGREEMENT is made and entered into on the 24th day of February , 2004, by and between the COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (hereafter referred to as "ETSB") and the MUNICIPAL AGENCY known as Village of Elk Grove Village (hereafter referred to as "MUNICIPAL AGENCY"). WHEREAS, the ETSB has created a Surcharge Reallocation program as outlined in "exhibit one", attached hereto, and hereby incorporated by reference; and WHEREAS, the MUNICIPAL AGENCY has agreed to participate in said Surcharge Reallocation program, and by doing so, has agreed to all of the terms and conditions as outlined in said agreement; and WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this AGREEMENT and the attached "exhibit one," the sufficiency of which are hereby acknowledged, the ETSB, and the MUNICIPAL AGENCY agree as follows: A. That the parties agree to be bound by each and every term and condition as set forth in "exhibit one" and that all such terms and conditions are hereby made a part of this agreement as if here fully set forth in this INTERGOVERNMENTAL AGREEMENT. B. That this Surcharge Reallocation is expressly given by the ETSB to the MUNICIPAL AGENCY as a single Surcharge Reallocation for a single purpose and is not to be construed as a continuing Surcharge Reallocation for this, or any other, purpose. C. That this Surcharge Reallocation is not a continuing Surcharge Reallocation but is limited to a one time only agreement, unless the ETSB, at its sole discretion, determines that additional Surcharge Reallocations or extensions are to be allowed. D. That "exhibit one", as created by the ETSB will specify qualifying goods and/or services to be purchased with the Surcharge Reallocation funds, and that there shall be no deviation from qualifying goods and/or services after the Surcharge Reallocation has been approved by the ETSB. E. That attached hereto, and hereby incorporated by reference as "exhibit two", is the specific dollar amount of the Surcharge Reallocation as approved by the ETSB. F. That attached hereto, and hereby incorporated by reference as "exhibit three", is the surcharge expenditure audit reporting form that shall be completed by the MUNICIPAL AGENCY in accordance with "exhibit one". G. MISCELLANEOUS 1. Nonliability: No party to this AGREEMENT shall be liable to any other party for any loss, claim or damages as a result of any delay or failure in the performance of any obligation hereunder, directly or indirectly caused by or resulting from acts of the other party, acts of the government, acts of God, acts of third persons, strikes, embargoes, delays in the mail, transportation and delivery, network or power failures and shortages, fires, floods, epidemics and unusually severe weather conditions, or other causes beyond the control of such party. 2. Binding effect: This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the parties as if they too were parties. 3. Severability: The parties agree that to the extent a court of competent jurisdiction shall determine that any part or provision of this AGREEMENT is unenforceable as a matter of law, such part or provision of the AGREEMENT shall be deemed severable and the remainder of the AGREEMENT shall survive. 4. Notice: All notices required herein shall be in writing and be served personally or by registered or certified mail, return receipt requested, upon the parties at their principal administrative offices or as otherwise designated. 5. Governing law: This agreement shall be governed, interpreted and construed according to the laws of the State of Illinois. 6. Amendment: This AGREEMENT and attached exhibits contains the entire agreement of the parties and shall supersede any prior agreements or understandings, written or oral, and may only be altered, modified or amended by written consent of the parties. 7. Compliance with laws: The parties agree that they will each observe and comply with all applicable federal, state and local laws that affect performance under this AGREEMENT. 8. Indemnification: The MUNICIPAL AGENCY hereby hold harmless the ETSB for any claims, losses, damages and liabilities whatsoever relative to actions by third parties as a result of this Surcharge Reallocation and/or the purchase of goods and services with the Surcharge Reallocation funds. MUNICIPAL AGENCY agrees to hold harmless and defend the ETSB, its staff and Board members, from and against any claims, losses, damages and liabilities, including costs, expenses, and attorney's fees. 9. The ETSB, or its designee, shall have the authority to audit services, equipment or materials purchased through the 9-1-1 Surcharge Reallocation Program to ensure that said services, equipment or materials are being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program Guidelines. This audit authority shall remain in effect for the life of the service, equipment or materials purchased through the 9-1-1 Surcharge Reallocation. Should the ETSB determine that the service, equipment or materials are not being used in accordance with the Emergency Telephone System Act and the 9- 1-1 Surcharge Reallocation Program Guidelines, then said service, equipment or materials shall be removed and returned to the ETSB, at the expense of the agency, or the agency shall be required to refund the financial assistance received from the ETSB. The ETSB shall have sole discretion in determining which method of recovery shall be followed by the agency. lo. Forfeiture: Any use of surcharge reallocation funds that is not in compliance with the intergovernmental agreement, shall cause forfeiture of any unexpended reallocation funds and cause forfeiture of any future rights under this or any subsequent grant or surcharge reallocation program by the ETSB. COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD ALBERT PRITCHETT CHAIRMAN, ETSB MUNICIPAL AGENCY Village of ELk Grove Village BY: Craig B. Johnson Craig B. Johnson Mayor DATED: February 24, 2004 EXHIBIT ONE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM GUIDELINES SECTION 1 - INTENT The Cook County Emergency Telephone System Board (ETSB) recognizes that Municipal Agencies and Fire Protection Districts that are part of the ETSB system may require additions or enhancements to their communication centers in order to provide 9-1-1 related services to their respective communities. For Municipal Agencies and Fire Protection Districts that are part of the ETSB system, the ETSB has approved the funding of 9-1-1 Surcharge Reallocation Program to assist its participants in providing a dependable and efficient emergency telephone system. The purpose of the ETSB 9-1-1 Surcharge Reallocation program is to assist Public Safety agency users who are a part of the ETSB 9-1-1 system in maintaining a high standard of quality in the delivery of 9-1-1 emergency services. SECTION 2 - ELIGIBILITY To be eligible to receive surcharge reallocation the agency must meet all of the following criteria: 1) The agency must receive 9-1-1 telephone calls transfers from the Cook County Sheriffs Police Communications Center. 2) The agency must have a communication center that dispatches police or fire and emergency medical services responders within the jurisdictional boundaries of the ETSB. 3) The agency must have residents that both reside within the jurisdictional boundaries of, and pay the ETSB 9-1-1 surcharge. 4) The agency must have hardwire 9-1-1 access lines within the jurisdictional boundaries of the ETSB. Those agencies that dispatch for 9-1-1 systems that are not a part of the ETSB system shall not be eligible. SECTION 3 - AVAILABILITY OF FUNDS The total amount of 9-1-1 Surcharge Reallocation to be distributed shall be determined by the ETSB and is subject to availability of funding within the ETSB budget. The ETSB may terminate, expand or amend the Surcharge Reallocation Program at its discretion. Any 9-1-1 Surcharge Reallocation funds delivered to and not used by the recipient after one year, from the date of delivery, shall be returned to the ETSB. Funds not yet delivered to the recipient after one year following approval of the reallocation shall lapse. SECTION 4 — BASIS OF DISTRIBUTION BY AGENCY The total number of hardwire 9-1-1 access lines within the ETSB service area shall be determined by SBC and provided to the ETSB. The total SBC access line count shall be further broken down by the corresponding Emergency Service Number (ESN) for each agency within the ETSB's jurisdiction. The ETSB shall determine the amount of surcharge allocation per hardwire access line. The total amount of surcharge to be reallocated to an agency shall be determined by multiplying the number of hardwire access lines, after applying the trunk equivalency factor of 5 to 1 for Centex and PBX lines for that agency, by the per access line amount approved by the ETSB. In areas where the same ESN serves more than one agency the approved surcharge reallocation amount per access line will be divided accordingly. SECTION 5 - 9-1-1 SURCHARGE REALLOCATION FUNDING QUALIFYING EXPENDITURES The use of the 9-1-1 Surcharge Reallocation shall be limited to those expenditures specifically identified within the scope of the Emergency Telephone System Act of Illinois; Illinois Compiled Statutes, Chapter 50, Section 750/15.4/C. SECTION 6 — AGENCY EXPENDITURE REPORT Every agency granted the 9-1-1 Surcharge Reallocation shall file an expenditure report using the approved ETSB form (attached as Exhibit Three — Expenditure Audit Report) on January 31, 2005. The report shall itemize each and every expenditure made from the surcharge funds granted to the agency. In addition, proof of each purchase must be provided in the form of copies of paid invoices, or in the case of personnel services copies of payroll records, and attached to the expenditure report. The completed form shall be signed by the authorized fiscal agent for the agency and attested to by the Mayor or President of the agency. SECTION 7 - ETSB RIGHT TO AUDIT The ETSB, or its designee, shall have the authority to audit services, equipment or materials purchased through the 9-1-1 Surcharge Reallocation Program to ensure that said services, equipment or materials are being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program Guidelines. This audit authority shall remain in effect for the life of the service, equipment or materials purchased through the 9-1-1 Surcharge Reallocation. Should the ETSB determine that the service, equipment or materials are not being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program Guidelines, then said service, equipment or materials shall be removed and returned to the ETSB, at the expense of the agency, or the agency shall refund the financial assistance received from the ETSB. The ETSB shall have sole discretion in determining which method of recovery shall be followed by the agency. The ETSB shall exercise whatever legal action it deems appropriate to recover any funds improperly used. SECTION 8 - ETSB INDEMNIFICATION The ETSB shall be indemnified and held harmless by the agency receiving the 9-1-1 Surcharge Reallocation, should the receiving agency not use service, equipment or materials received under the 9-1-1 Surcharge Reallocation in accordance with the guidelines established by the 9-1-1 Surcharge Reallocation Program. The agency shall provide proof of insurance to cover any equipment or services purchased with surcharge reallocation funds. The agency receiving the 9- 1-1 Surcharge Reallocation shall also indemnify and hold harmless the ETSB against any claim or cause of action related to the use of said service, equipment or materials. The agency shall pay all reasonable attorneys fees to the ETSB for any action necessary to enforce any part of this agreement. SECTION 9 - ETSB FORFEITURE Any use of surcharge reallocation funds that is not in compliance with the intergovernmental agreement attached hereto, shall cause forfeiture of any unexpended reallocation funds and cause forfeiture of any future rights under this or any subsequent grant or surcharge reallocation program by the ETSB. EXHIBIT TWO COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION DISTRIBUTION AS PER ETSB APPROVED AMOUNT OF $10 PER SURCHARGED ACCESS LINE AT THE NOVEMBER 13, 2003, MEETING AGENCY Line Count Split Allocation ALSIP FD 80 @50% $400 ARLINGTON HTS FD 51 @50% $255 BARRINGTON/COUNTRYSIDE FPD 897 @50% $4,485 _ BARTLETT FPD 1527 @50% $7,635 BLUE ISLAND FD 42 @50% $210 BRIDGEVIEW FD _ _ 361 @50% $1,805 BROADVIEW FD 1638 @50% 2 @50% $8,190 $10 BURNHAM FD CALUMET CITY FD 9 @50% $45 CENTRAL STICKNEY FPD 2372 @50% $11,860 CHICAGO HEIGHTS FD 54 @50% $270 CHICAGO RIDGE FD 8 @50% $40 COOK COOUNTY SHERIFF'S PD 71011 @50% $355,055 COOK COUTNY FOREST PRESEVE PD 389 @50% $1,945 COUNTRY CLUB HILLS FD 74 @50% $370 CRESTWOOD FD _ 222 @50% $1,110 DIXMOOR PD/FD 1716 @100% $17,160 DOLTON FD 120 $600 EAST DUNDEE FPD _@50% 36 @50% $180 ELK GROVE FD 400 @50% $2,000 ELK GROVE RURAL FPD 6346 @50% $31,730 EVERGREEN PARK FD 33 @50% $165 FLOSSMOOR FD 470@50% $2,350 FORD HEIGHTS PD/FD 1172 @100% $11,720 FOREST VIEW FD 50 @50% $250 FRANKLIN PARK FD 71 @50% $355 GARDEN HOMES FPD 434 @50% $2,170 GLENCOE FD 126 @50% $630 GLENVIEW FD 10462 @50% $52,310 GLENWOOD FD _ 90 @50% $450 GOLF PD 353 @100% $3,530 HAZEL CREST FD _ 4 @50% $20 HILLSIDE FD 82 @50% $410 HINES HOSPITAL PD/FD 1328 @100% 18 @50% 185 @50% $13,280 $90 $925 _ HOFFMAN ESTATES FD HOLBROOK FPD HOMEWOOD ACRES FPD -- 78 @50% $390 HOMEWOOD FD - 2 @50o% $10 Page 1 EXHIBIT TWO COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION DISTRIBUTION AS PER ETSB APPROVED AMOUNT OF $10 PER SURCHARGED ACCESS LINE AT THE NOVEMBER 13, 2003, MEETING ILLINOIS STATE PD JUSTICE FD 25 6.90 @50% @50% $125 $3,450 LAGRANGE FD 1 @50% $5 LAG_RANG_ E PARK FD LANSING FD _ _ LEMONY FPD LEYDEN FPD LONG GROVE RURAL FPD 4 319 3114 5091 942 @50% @50% @50% @50% @50% _ $20 $1,745 $15,570 _$_25,455 LYNWOOD FD_ 669 @50% _$4,710 $3,345 LYONS FD MAR_K_HAM FD 68 @50% $340 72 @50% $360_ _ MATTESON FD 1059 @50% $5,295 MAYWOOD FD 209 @50% $1,04_5 MERRIONETTE PARK FD 22 @50% $110 MIDLOTHIAN FD 42 @50% $210 MORTON GROVE FD 10 @50% $50 MOUNT PROSPECT FD 350 @50% $1,750 NILES FD 9 @50% $45 NORTH MAINE FPD 9850 @50% $49,250 NORTH-PALOS FPD 12 @50% $60 NORTH RIVERSIDE FD 1 @50% $5 NORTHBROOK FD _ 6280 @50% _ $31,400 _ NORTHFIELD FD 47 @50% $235 NORTHLAKE FPD 6148 @50% $30,740 NORTHLAKE PD 7380 @50% $36,900 NORWOOD PARK FPD 517 @50% $2,585 _ NW HOMER FPD 151 @50% $755 OAK FD J 908 @50% $4,540 -FOREST OAK FOREST HOSP PD _ 558 @50% $2,790 OLYMPIA GARDENS FPD 164 @50% $820 ORLAND FPD 2714 @50% $13,570 PALATINE RURAL FPD 2348 @50% $11,740 PALOS FPD _,L _3132 @50% $15,66_0 PALOS HEIGHTS FPD 1346 @50% $6,730 PHOENIX PD/FD PLEASANT VIEW FPD POSEN FD PROSPECT HEIGHTS FPD RICHTON PARK FD 94,11 @100% @50% $9,410 $11,090 $230 $7,120 $765 2218 46 @50% 1424 153 @50% @50% Page 2 EXHIBIT TWO COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION DISTRIBUTION AS PER ETSB APPROVED AMOUNT OF $10 PER SURCHARGED ACCESS LINE AT THE NOVEMBER 13, 2003, MEETING RIVER FOREST FD -2S@60% RIVERDALE FD 39 @60% _$125 $195 RIVERSIDE FD 2 _@50% $10 ROBBINS PD/FD^_ 2199 @100% $21,990 RO_SELLE FPD _ 1514 @50% $7,570 SAUK VILLAGE FD 182 @50% _ $910 _ SCHAUM_BURG FD 18 @50% $90 SOUTH CHICAGO HEIGHTS FD 16 @50% $80 SOUTH HOLLAND FD _ 5 @50% $25 STEGER FD 49 @50% $245 STONE PARK PD/FD 1767 @100% $17,670 STREAMWOOD FD 2 @50% $10 - --- - - THORNTON FD 13 @50% $65 TINLEY PARK FD 448 5 @50% -@50% $2,240 $25 WESTCHESTER FD �- WESTERN SPRINGS FD J 10 @50% $50 WHEELING FD8 -- @50%a $40 --- ---- -- -----,---L--- WILLOW SPRINGS FD 3 @50% — $15 WINNETKA FD WORTH FD 440 @50% __$2,200 153 @50% $765 YORKFIELD FPD 17 @50% $85 Total Surcharge Distribution $888,840 Page 3 EXHIBIT THREE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM EXPENDITURE AUDIT REPORT AGENCY NAME: AGENCY CONTACT PERSON: AGENCY CONTACT PHONE #: AGENCY TYPE (POLICE, FIRE, EMS, OTHER); REPORT COMPLETED BY (NAME AND TITLE): AMOUNT OF FUND AWARD: UNLIQUIDATED BALANCE (IF APPLICABLE): Attach all necessary documentation of reported expenditures. Date of Expenditure Description Balance: Cost Certification: I certify that to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the surcharge reallocation documents. Signature of Authorized Certifying Official Date Attest Date