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HomeMy WebLinkAboutRESOLUTION - 26-06 - 6/20/2006 - INTERGOV AGREEMENTRESOLUTION NO. 26-06 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELI{ GROVE VILLAGE AND THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (ETSB) FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION 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 OF A 9-1-1 SURCHARGE REALLOCATION FY 2006-07 a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk 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: 5 NAYS: 0 ABSENT: 1 PASSED this 201h day of June 2006. APPROVED this 201h of June 2006. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk ReSAUwCoQkC0untyECSR9-1-4 INTERGOVERNMENTAL AGREEMENT f Y9,12I1l:i3llSI/�l�l�i THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD WIIltIs"m Village of Elk Grove Village (Agency/Municipality) FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION FY 2006-07 Effective June 1, 2006 to May 31, 2007 DATED: June 1, 2006 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE MUNICIPAL AGENCY KNOWN AS FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION This AGREEMENT is made and entered into on the 20th day of June 2006, by and between the COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (hereafter referred to as "ETSB") and the MUNICIPAL AGENCY known Ac 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 specific qualifying goods and/or services in accordance with "Exhibit One", 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. The term of the Agreement will take effect as of June 1, 2006 and, continue through May 31, 2007. However, the Agreement may be extended for an additional period of time, not to exceed ninety (90) days by approval of the ETSB. Such requests shall be submitted in writing and directed to Morrie Farbman, Executive Director, Cook County ETSB, 9511 West Harrison Street, Des Plaines, Illinois, 60016. E. 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. F. 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. G. 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". H. 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. s. Indemnification: The MUNICIPAL AGENCY hereby holds 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. 10. 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. SIGNED: COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9W ALBERT PRITCHETT, CHAIRMAN DATED: MUNICIPAL AGENCY Village of Elk Grove Village By.. Craig B. Johnson Mayor Craig B. Johnson, Village of Elk Grove Village DATED: June 20. 2006 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 shall meet all of the following criteria: 1) The agency must receive 9-1-1 telephone calls transfers from the Cook County Sheriff's Police Communications Center. 2) The agency must have a communication center that dispatches police and/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/AT&T andprovided to the ETSB. The corresponding Emergency Service Number (ESN) for each agency within the ETSB's jurisdiction shall further break down the total SBC/AT&T access line count. 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. The ETSB has established, as policy, that no agency shall receive less than $1,000.00, regardless of its access line count. 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. The following list identifies examples of qualifying equipment and services. The following list of examples is not intended to be all- inclusive: Salaries for Telecommunications Staff Geographic Information Systems (GIS) 9-1-1 Telephone Customer Premise Equipment Radio Equipment and Console Furniture Mobile Data Terminal Computer Hardware/Software used for Call Taking and/or Dispatching Office Equipment used for Call Taking and/or Dispatching Maintenance of Equipment used for Call Taking and/or Dispatching Emergency Power Systems 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 or before July 2, 2007. 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, President, or other Presiding Officer 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 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 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. SECTION 10 — PROGRAM TERM The term of the Agreement will take effect as of June 1, 2006 and continue through May 31, 2007. However, the Agreement may be extended for an additional period of time, not to exceed ninety (90) days by approval of the ETSB. Such requests shall be submitted in writing and directed to Morrie Farbman, Executive Director, Cook County ETSB, 9511 West Harrison Street, Des Plaines, Illinois, 60016. Line Count 1,566 1,241 347 9,127 832 2,138 1,520 84,530 896 1,466 2,595 55 874 1,311 71 333 9,490 6 15 2,717 48 8 79 201 119 33 394 11,530 28 453 176 87 396 443 17,131 248 2 69 13 84 2 1 6 308 2,928 3,726 723 EXHIBIT TWO COOK COUNTY ETSB 9-1-1 SURCHARGE REALLOCATION DISTRIBUTION Police Jurisdiction DIXMOOR PD FORD HEIGHTS PD GOLF PD NORTHLAKE PD PHOENIX PD ROBBINS PD STONE PARK PD CC SHERIFF'S PD CC FOREST PRESERVE PD HINES HOSPITAL PD OAK FOREST HOSP PD Fire/EMS Jurisdiction DIXMOOR FD FORD HEIGHTS FD GOLF PHOENIX FD ROBBINS FD STONE PARK FD M ALSIP FD BARRINGTON FPD BARTLETT FPD BLUE ISLAND FD BRIDGEVIEW FD BROADVIEW FD BURNHAM FD CALUMET CITY FD CENTRAL STICKNEY FPD CHICAGO HEIGHTS FD CHICAGO RIDGE FD COUNTRY CLUB HILLS FPD CRESTWOOD FD DOLTON FD EAST DUNDEE FPD ELK GROVE FD ELK GROVE RURAL FPD EVERGREEN PARK FD FLOSSMOORFD FOREST VIEW FD FRANKLIN PARK FD GARDEN HOMES FPD GLENCOEFD GLENVIEW FD GLENWOOD FD HAZEL CREST FD HILLSIDE FD HOFFMAN ESTATES FD HOMEWOOD ACRES FPD HOMEWOODFD LAGRANGE FD LAGRANGE PARK FD LANSING FD LEMONT FPD LEYDEN FPD LONG GROVE RURAL FPD Police Share $5,872.50 $4,653.75 $1,301.25 $34,226.25 $3,120.00 $8,017.50 $5,700.00 $316,987.50 $3,360.00 $5,497.50 $9,731.25 Fire/EMS Share $5,872.50 $4,653.75 $1,301.25 $3,120.00 $8,017.50 $5,700.00 $1,000.00 $3,277.50 $4,916.25 $1,000.00 $1,248.75 $35,587.50 $1,000.00 $1,000.00 $10,188.75 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,477.50 $43,237.50 $1,000.00 $1,698.75 $1,000.00 $1,000.00 $1,485.00 $1,661.25 $64,241.25 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,155.00 $10,980.00 $13,972.50 $2,711.25 EXHIBIT TWO COOK COUNTY ETSB 9-1-1 SURCHARGE REALLOCATION DISTRIBUTION Line Count Police Jurisdiction FirelEMS Jurisdiction Police Share FlrelEMS Share 616 LYNWOOD FD $2,310.00 73 LYONS FD $1,000.00 16 MARKHAM FD $1,000.00 1,076 MATTESON FD $4,035.00 340 MAYWOOD FD $1,275.00 20 MERRIONETTE PARK FD $1,000.00 39 MIDLOTHIAN FD $1,000.00 14 MORTON GROVE FD $1,000.00 313 MOUNT PROSPECT FD $1,173.75 8 NILES FD $1,000.00 9,612 NORTH MAINE FPD $36,045.00 13 NORTH PALOS FPD $1,000.00 1 NORTH RIVERSIDE FD $1,000.00 4,826 NORTHBROOK FD $18,097.50 3 NORTHFIELD FD $1,000.00 8,064 NORTHLAKE FPD $30,240.00 488 NORWOOD PARK FPD $1,830.00 144 NW HOMER FPD $1,000.00 2,917 OAK FOREST FD $10,938.75 19 OAKBROOK FD $1,000.00 146 OLYMPIA GARDENS FPD $1,000.00 2,504 ORLAND FPD $9,390.00 1,996 PALATINE RURAL FPD $7,485.00 3,048 PALOS FPD $11,430.00 1,279 PALOS HEIGHTS FPD $4,796.25 2,133 PLEASANT VIEW FPD $7,998.75 44 POSEN FD $1,000.00 169 PROSPECT HEIGHTS FPD $1,000.00 130 RICHTON PARK FD $1,000.00 190 RIVER FOREST FD $1,000.00 46 RIVERDALE FD $1,000.00 2 RIVERSIDE FD $1,000.00 578 ROBERTS PARK FD $2,167.50 1,073 ROSELLE FPD $4,023.75 164 SAUK VILLAGE FD $1,000.00 5 SCHAUMBURG FD $1,000.00 18 SOUTH CHICAGO HEIGHTS FD $1,000.00 5 SOUTH HOLLAND FD $1,000.00 34 STEGER FD $1,000.00 2 STREAMWOOD FD $1,000.00 13 THORNTON FD $1,000.00 397 TINLEY PARK FD $1,488.75 4 WESTCHESTER FD $1,000.00 9 WESTERN SPRINGS FD $1,000.00 4 WILLOW SPRINGS FD $1,000.00 414 WINNETKA FD $1,552.50 135 WORTH FD $1,000.00 EXHIBIT TWO COOK COUNTY ETSB 9-1-1 SURCHARGE REALLOCATION DISTRIBUTION Total Llne Count =106.258 'Total Distribution by Police & Fire/EMS Agency Total Surcharge Reallocation NOTES: Surcharge Rellocation is based on $3.75 per line. Agencies with less than 267 lines shall receive a minimum reallocation of $1,000. " The Village of Northlake receives We Firs/EMS services from the Northlake and Leyden Fire Protection Districts. Hines Hospital receives It's Fire/EMS services from the Broadview Fire Dept.. "` Oak Forest Hospital receives It's Fire/EMS services from the Oak Forest Fire Dept.. EXHIBIT THREE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM FY 2006-07 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 _ Total Expenditures: Unliquidated Balance Remitted to the ETSB with this Report 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 cost EXHIBIT FOUR COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (ETSB) SURCHARGE REALLOCATION PROGRAM - 2006/07 CONTACT INFORMATION MUNICIPALITY/ AGENCY: __ Village of Elk Grove Village STREET ADDRESS: 901 Wellington Avenue CITY/STATE/ZIP: Elk Grove Village. Illinois 60007 PHONE: (847) 439-3900 FAX: (847) 439-4022 EMAIL: $ rrummel(delkgrnvo_nrg POLICE CHIEF: Stephen F. Schmidt ADDRESS: (if different from above) PHONE: (if different from above) FIRE CHIEF: David Miller ADDRESS: (if different 901 Brantwood Avenue from above) Eik Grove Village, it 6000r— PHONE; (if different from above) FISCAL AGENT/ TREASURER Christine Tromp MAYOR/ELECTED OFFICIAL: Craig B. Johnson Tenn Expires: April ADDITIONAL CONTACT: Raymond R. Rummel Assistant Village Manager Send completed form to: Morrie Farbman, Executive Director Cook County ETSB 9511 W. Harrison, Des Plaines, IL 60016 COUNTY'S ENHANCED 9-1-1 EMERGENCY TELEPHONE SYSTEM ORDINANCE, AS AMENDED WHEREAS, the State of Illinois has enacted into law the Emergency Telephone System Act, III. Rev. Stat. ch. 134, para. 30.01 et. seq. (the Act) and WHEREAS, the Act enables a County to impose a surcharge on billed subscribers of network connections provided by telecommunications carriers at a rate per network connection in order to implement and maintain a "9-1-1" Emergency Telephone System: and WHEREAS, the Act further provides that before the surcharge may be imposed it must be authorized by a majority of voters in a referendum by the County; and WHEREAS, the County Board of Cook, its' President, and commissioners deem it to be in the best interest of the County to implement and maintain an enhanced "9-1-1" Emergency Telephone System and to impose a surcharge on billed subscribers of network connections provided by the telecommunications carriers to pay for the cost associated therewith; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Commissioners of the County of Cook, Cook County Illinois as follows: NEW CHAPTER - Surcharge for Emergency 9-1-1 Telephone System Section One A surcharge is hereby imposed, subject to the provisions of Section Two, upon all telephone subscribers passed through telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of Cook County. However, the surcharge may not be imposed, unless requested by a municipality, in any incorporated area which has previously approved a surcharge, or in any incorporated area where the corporate authorities have previously entered into a binding contract or letter of intent with a telecommunications carrier to provide 9-1-1 service through municipal funds. If simultaneous to approval of the county referendum contained in this ordinance, a municipality approves a substantially similar referendum authorizing a surcharge for 9-1-1 services to be provided by the municipality, this ordinance does not apply to that municipality. Section Two A referendum shall be placed by the Cook County Clerk on the April 20, 1993, ballot for all legal voters residing in the Unincorporated areas of Cook County and Municipalities of Berkeley, Golf, Ford Heights, Northlake, Phoenix, Robbins, and Stone Park, to vote upon the following question: :Shall the County of Cook impose a surcharge :of up to one and 25/100 dollars ($1.25) per month YES :per network connection, which surcharge will be :added to the monthly bill you receive for telephone :or telecommunications charges for the purpose of :installing a 9-1-1 Emergency Telephone System NO Section Three If a majority of the votes cast upon the question are in favor thereof, a surcharge is hereby imposed at a rate of $1.25 per month per in service network connection, as hereinafter defined. Section Four As used in this Ordinance, the following terms shall have the following meanings: a)"network connection" and "transmitting messages" shall have the same meanings as in the Emergency Telephone System Act, Iii. Rev. Stat. ch. 134, para. 30.01 et seq. (1991); b) "telecommunications carrier" shall have the same meaning as III. Rev. Stat. ch. 1112/3, para. 13-202; c) "board" means the Emergency Telephone System Board of Cook County created pursuant to Section 12 of this Ordinance. Section Five The Cook County Clerk shall provide any telecommunication carrier subject to the surcharge with a certified list of those network connections assigned to the municipalities or county to be exempt from imposition of the surcharge. The certified list may be revised by the County of Cook on 60 days prior written notice provided to the telecommunication carriers. Section Six The surcharge shall be imposed on the first day of the month following the expiration of 90 days from the date of the Cook County Clerk certifies to the individual telecommunication carriers subject to the surcharge that the referendum referred to in Section Two has passed. Section Seven Each telecommunications carrier is hereby authorized and instructed to recover accounting and collection charge, as provided in Section 8, by deducting 3% from the gross amount of surcharge collected otherwise due and owing the County of Cook prior to remittance under Section Eight of this ordinance. Section Eight The amount of surcharge collected by the telecommunications carrier shall be paid to the Emergency Telephone System Board of Cook County not later than 30 days after the surcharge is collected, net of any network or other 9-1-1 or sophisticated 9-1-1 system charges then due the particular telecommunication carrier, as shown on an itemized bill and as previously agreed upon by the Board and the carrier and the 3% accounting and collection charge described in Section Seven. Section Nine Simultaneously with the remittance described in Section Eight above each telecommunication carrier shall make a return to the Cook County Treasurer for the period to which the remittance applies stating as follows: The name of the telecommunication carrier. 2. The telecommunication carrier's principal place of business. 3. The number of network connections to which the surcharge applies. 4. The amount of surcharge due. 5. Such other reasonable and related information such as the corporate authorities may require. Section Ten If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this ordinance, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any surcharge due, or to- become due, under this ordinance from the telecommunication carrier who made the erroneous payments; provided that no amounts erroneously paid more than three(3) years prior to the filing of a claim therefore shall be so credited. Ninety days prior notice shall be given to the Emergency Telephone System Board on any credit against a surcharge due, Section Eleven No action to recover any amount of surcharge due under the provisions of this ordinance shall be commenced more than three (3) years after the due date of such amount. Section Twelve Upon approval of the referendum, the Emergency Telephone Board System of Cook County shall be established. The Board shall consist of not fewer than five members, appointed by the President of the Cook County Board of Commissioners and approved by the Board of Commissioners. At least three members of the Board shall be representative of the 9-1-1 public safety agencies, including but not limited to police departments, fire departments, emergency medical services providers, and emergency services and disaster agencies, and appointed on the basis of their ability or experience. Elected officials are also eligible to serve on the board. Members of the board shall serve without compensation but shall be reimbursed for their actual and necessary expenses. Any 2 or more municipalities, counties, or combination thereof, that impose a surcharge may, instead of establishing individual boards, establish by intergovernmental agreement a Joint Emergency Telephone System Board pursuant to this Section. The manner of appointment of such a joint board shall be prescribed in the agreement. The Board's powers and duties shall include, but are not limited to the following: 1. Planning a 9-1-1 system. 2. Coordinating and supervising the implementation, upgrading or maintenance of the system, including the establishment of equipment specifications and coding systems. 3. Receiving monies from the surcharge imposed under this Ordinance, and from any other source, for deposit into the Emergency Telephone System Fund. 4. Authorizing all disbursements from the fund. 5. Hiring, on a temporary basis, any staff necessary for the implementation or upgrade of the system. . All monies received by a board pursuant to a surcharge imposed under this Ordinance shall be deposited into a separate interest bearing Emergency Telephone System Fund account. The Cook County Treasurer shall be custodian of the fund. All interest accruing on the fund shall remain in the fund. No expenditures may be made from such fund except upon the direction of the board by resolution passed by a majority of all members of the board. Expenditures may be made only to pay for the costs associated with the following: 1. The design of the Emergency Telephone System. 2. The coding of an initial Master Street Address Guide database, and update and maintenance thereof. 3. The repayment of any monies advanced for the implementation -of the system. 4. The charges for Automatic Number Identification and Automatic Location Identification equipment, and maintenance, replacement and update thereof. 5. The non-recurring charges related to installation of the Emergency Telephone System and the ongoing network charges. 6. Other products and services necessary for the implementation, upgrade and maintenance of the system and any other purpose related to the operation of the system, including costs attributable directly to the construction, leasing, or maintenance of any buildings or facilities or costs of personnel attributable directly to the operation of the system. Costs attributable directly to the operation of an emergency telephone system do not include the costs of public safety agency personnel who are and equipment that is dispatched in response to an emergency call. The Board shall complete the database before implementation of the 9-1-1 system. The error ratio of the database shall not at any time exceed I % of the total database. Section Thirteen Civil Liability No public agency or public safety agency, nor any officer, agent or employee of any public agency or public safety agency, shall be liable for any civil damages as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required by this Ordinance. No person who gives emergency instructions through a system established under this Ordinance to persons rendering services in an emergency at another location, nor any person following such instructions in rendering such services, shall be liable for any civil damages as a result of issuing or following the instructions, unless issuing or following the instructions constitutes willful or wanton misconduct. This Section may not be offered as a defense in any judicial proceeding brought by the Attorney General to, compel compliance under Section 12 of the Emergency Telephone Systems Act. Section Fourteen The County shall not expend any County funds for the implementation, installation and maintenance or other related costs attributable to providing a 9-1-1 emergency system for the citizens of Cook County. However, the County may pay for the personnel necessary to operate the 9-1-1 system. Section Fifteen Any and all ordinances in conflict herewith, be and the same are hereby repealed. Section Sixteen Approved and adopted this 20th day of November 2001. (SEAL) Attest; 0wo & DAVID ORP, County Clerk rm ' N H. STROGER, JR., President County Board of Commissioners APPROVED AS AMENDED BY THE BOARD OF COOK COUNTY COMMISSIONERS CQM NOV 2 0 2001