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HomeMy WebLinkAboutRESOLUTION - 59-07 - 11/13/2007 - EMERGENCY TELEPHONE SYSTEM RESOLUTION NO. 59-07 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 OF A 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 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: 6 NAYS: 0 ABSENT: 0 PASSED this 13th day of November 2007. APPROVED this 13th day of November 2007. APPROVED: Mayor Craig B.Johnson Village of Elk Grove Village ATTEST: Ann I.Walsh Village Clerk 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 2007-08 Effective December 1,2007 to November 30,2008 DATED: November 13, 2007 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 13th day of November 2007, 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 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 December 1,2007 and continue through November 30, 2008. E. The receiving agency acknowledges that all purchases made by it shall be legal, proper and in accordance with the"Emergency Telephone System Act", 50 ILCS 750. 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. That attached hereto, and hereby incorporated by reference as"Exhibit Four", is the Contact Information form that shall be completed by the MUNICIPAL AGENCY and returned to the ETSB with this executed agreement. �. 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 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. 11. Term of Agreement: The term of said agreement will take effect as of December 1,2007 and continue through November 30,2008. 12. The agency shall pay all reasonable attorneys' fees to the ETSB for any action necessary to enforce any part of this agreement. SIGNED: COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD BY: ALBERT PRITCHETT, CHAIRMAN DATED MUNICIPAL AGENCY Village of Elk Grove Village BY: Craig B. Johnson TITLE: Mayor DATED: November 13, 2007 EXHIBIT ONE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM GUIDELINES FY 2407-08 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 regularly receive 9-1-1 telephone call transfers from the Cook County Sheriff's Police Communications Center. These 9-1-1 telephone call transfers shall not be infrequent nor the result of emergency conditions. 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 the ETSB 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 AT&T and provided to the ETSB. The corresponding Emergency Service Number(ESN)for each agency within the ETSB's jurisdiction shall further break down the total 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 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 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 9-1-1 Related Training 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 Backup Power Systems Communications Center Infrastructure Upgrade 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 December 1, 2008. The report shall itemize the expenditures 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 should be 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. 2 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 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. 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. SECTION 10—PROGRAM TERM The term of the Agreement will take effect as of December 1, 2007 and continue through November 30,2008. 3 COOK COUNTY ETSB 2007/08 SURCHARGE REALLOCATION FUND EXHIBIT TWO Line Count Police Jurisdiction Fire/EMS Jurisdiction Police Share Fire/EMS Share 1,448 DIXMOOR PD DIXMOOR FD $6,429.12 $6,429.12 1,327 FORD HEIGHTS PD FORD HEIGHTS FD $5,891.88 $5,891.88 333 ""' GOLF $1,478.52 9,773 NORTHLAKE PD *** $43,392.12 835 PHOENIX PD PHOENIX FD $3,707.40 $3,707.40 2,103 ROBBINS PD ROBBINS FD $9,337.32 $9,337.32 1,415 STONE PARK PD STONE PARK FD $6,282.60 $6,282.60 80,416 CC SHERIFF'S PD $357,047.04 936 CC FOREST PRESERVE PD $4,155.84 1,357 OAK FOREST HOSP PD OAK FOREST HOSP FD $6,025.08 $6,025.08 2,407 HINES HOSPITAL PD $10,687.08 50 ALSIP FD $1,000 802 BARRINGTON FPD $3,560.88 1,220 BARTLETT FPD $5,416.80 70 BLUE ISLAND FD $1,000 306 BRIDGEVIEW FD $1,358.64 7 BURNHAM FD $1,000 15 CALUMET CITY FD $1,000 2,545 CENTRAL STICKNEY FPD $11,299.80 33 CHICAGO HEIGHTS FD $1,000 8 CHICAGO RIDGE FD $1,000 75 COUNTRY CLUB HILLS FPD $1,000 184 CRESTWOOD FD $1,000 109 DOLTON FD $1,000 32 EAST DUNDEE FPD $1,000 6 ELK GROVE FD $1,000 12,088 ELK GROVE RURAL FPD $53,670.72 142 ELMHURST $1,000 1 EVANSTON $1,000 37 EVERGREEN PARK FD $1,000 391 FLOSSMOOR FD $1,736.04 112 FOREST VIEW FD $1,000 3 FRANKLIN PARK FD $1,000 347 GARDEN HOMES FPD $1,540.68 465 GLENCOE FD $2,064.60 15,387 GLENVIEW FD $68,318,28 255 GLENWOOD FD $1,132.20 2 HARVEY $1,000 3 HAZEL CREST FD $1,000 94 HILLSIDE FD $1,000 12 HOFFMAN ESTATES FD $1,000 86 HOMEWOOD ACRES FPD $1,000 1 HOMEWOOD FD $1,000 470 JUSTICE FD $2,086.80 1 LAGRANGE FD $1,000 295 LANSING FD $1,309.80 3,019 LEMONT FPD $13,404.36 4,621 LEYDEN FPD $20,517.24 588 LONG GROVE RURAL FPD $2,610.72 613 LYNWOOD FD $2,721.72 65 LYONS FD $1,000 14 MARKHAM FD $1,000 992 MATTESON FD $4,404.48 COOK COUNTY ETSB 2007/08 SURCHARGE REALLOCATION FUND EXHIBIT TWO Line Count Police Jurisdiction Fire/EMS Jurisdiction Police Share Fire/EMS Share 336 MAYWOOD FD $1,491.84 7 MELROSE PARK $1,000 20 MERRIONETTE PARK FD $1,000 39 MIDLOTHIAN FD $1,000 14 MORTON GROVE FD $1,000 293 MOUNT PROSPECT FD $1,300.92 8 NILES FD $1,000 9,014 NORTH MAINE FPD $40,022.16 14 NORTH PALOS FPD $1,000 1 NORTH RIVERSIDE FD $1,000 4,879 NORTHBROOK FD $21,662.76 4 NORTHFIELD FD $1,000 8,729 NORTHLAKE FPD $38,756.76 461 NORWOOD PARK FPD $2,046.84 135 NW HOMER FPD $1,000.00 287 OAK FOREST FD $1,274.28 2,375 ORLAND FPD $10,545.00 1,727 PALATINE RURAL FPD $7,667.88 2,997 PALOS FPD $13,306.68 1,230 PALOS HEIGHTS FPD $5,461.20 1,971 PLEASANT VIEW FPD $8,751.24 37 POSEN FD $1,000 159 PROSPECT HEIGHTS FPD $1,000 129 RICHTON PARK FD $1,000 186 RIVER FOREST FD $1,000 37 RIVERDALE FD $1,000 2 RIVERSIDE FD $1,000 1,018 ROSELLE FPD $4,519.92 162 SAUK VILLAGE FD $1,000 5 SCHAUMBURG FD $1,000 10 SKOKIE FD $1,000 18 SOUTH CHICAGO HEIGHTS FD $1,000 5 SOUTH HOLLAND FD $1,000 26 STEGER FD $1,000 14 THORNTON FD $1,000 379 TINLEY PARK FD $1,682.76 15 WESTCHESTER FD $1,000 9 WESTERN SPRINGS FD $1,000 4 WILLOW SPRINGS FD $1,000 20 WILMETTE FD $1,000 122 WORTH FD $1,000 *Total Distribution $452,955.48 $446,795.92 Total FY 200712008 Allocation $899,751.40 NOTES: * Allocation was based on$8.88($4.44 to Fire and$4.44 to Police)per line with all communities receiving a minimum of$1,000. ** Golf Police Department receives its dispatch service from the Cook County Sheriff *** The Village of Northlake receives its fire protection from the Northlake and Leyden Fire Protection Districts. EXHIBIT THREE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM EXPENDITURE AUDIT REPORT FY 2007-08 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 Description Expenditure Cost Total Expenditures: Unliquidated Balance: 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 EXHIBIT FOUR COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD(ETSB) SURCHARGE REALLOCATION PROGRAM-FY 2007-08 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: (947) 439-4022 EMAIL: rrumme1 @P1 kgrove_or POLICE CHIEF: Stephen F. Schmidt ADDRESS: (if different from above) PHONE:(if different from above) FIRE CHIEF: David Miller ADDRESS:(if different from above) 901 Brantwood Avenue PHONE:(if different Elk Grove Village, T11inaig h0007 from above) FISCAL AGENT/ TREASURER: Christine Tromp MAYOR/ELECTED OFFICIAL: Craig B. Johnson Term Expires: -Apx i l 2 On g ADDITIONAL CONTACT: Raymond R. Rummel Village Manager Send completed form to: Morrie Farbman,Executive Director Cook County ETSB 9511 W.Harrison,Des Plaines,IL 60016