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HomeMy WebLinkAboutRes 50-06 11/08/2006 RESOLUTION NO. 50-06 A RESOLUTION AUTHORIZING ENTRY INTO AN AMENDED AGREEMENT FOR NORTHWEST CENTRAL DISPATCH SYSTEM WHEREAS, the President and Board of Trustees of the Village of Mount Prospect previously authorized entry of said Village into an Agreement to provide for and maintain a Central Emergency Dispatch operation known as Northwest Central Dispatch System, hereinafter referred to as "NWCDS"; and WHEREAS, NWCDS has proven successful in providing emergency communications services to the Village of Mount Prospect police and fire departments; and WHEREAS, the Village of Schaumburg has made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the membership request of Schaumburg; and WHEREAS, it is believed, the inclusion of an additional community in the System will prove beneficial to both the System and the Village of Mount Prospect; and WHEREAS, the addition of new members to NWCDS requires approval of an amended Venture Agreement. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9: SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an amended Agreement for Northwest Central Dispatch System which provides for the addition of the Village of Schaumburg to NWCDS. SECTION TWO: That the President is authorized to sign the agreement, being the subject of this Resolution, a copy of said agreement being attached and made a part of as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Korn, Skowron, Zadel NAYS: None ABSENT: Lohrstorfer PASSED and APPROVED this 8th day of November 2006. ,1f~h'. it/I!tf Irvana K. Wilks Mayor ATTEST: /" I J ~ // f ---~/~ /(/~ifd!b:..7 f7 ~ ././ ~ \ "'- M. Lisa Angell Village Clerk NORTWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT THIS AGREEMENT, entered into on the effective date hereinafter set forth, by and between the local governments signatory hereto (and also those which may hereafter become signatory hereto): WIT N E SSE T H: WHEREAS, a Central Dispatching System has existed in Northwestern Cook County and in parts of Lake and DuPage Counties since 1972; and WHEREAS, such System has been demonstrated to be of great value to its constituent municipalities, the signatories hereto; and WHEREAS, the addition of another municipality to the System will provide for more efficient and economical dispatching of life and property saving services; and WHEREAS, the cost of providing and maintaining a central dispatching system is probably excessive for anyone of such signatories; and WHEREAS, a centralized police, fire and other emergency dispatching system can adequately serve the needs of all of such signatories; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 220 /9, authorize joint exercise be two or more local governments of any power common to them; and WHEREAS, it is the desire of the signatories hereto to jointly provide for and maintain a central dispatching system for their mutual advantage and concern. NOW, THEREFORE, for and in consideration of the premises, the mutual advantages to be derived therefrom and in consideration of the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: 1. Venture Established. Pursuant to the joint powers authorization of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220 /1 through 5 ILCS 220 /9, the undersigned do hereby federate together in a cooperative venture for the joint and mutual operation of a centralized communications system, to be know as "Northwest Central Dispatch System" (hereinafter designated as NWCDS) which shall consist of all of the local governments which may hereafter become signatory hereto. 2. By-Laws. NWCDS shall be subject to and shall be governed by certain By-Laws, a copy of which is attached hereto as Exhibit "A: and by this reference 2 made a part of this Agreement, together with any amendments which may be made to said By-Laws in the manner and means therein set forth. 3. NWCDS Participation. Each participating local government of the Central Dispatching System (and each local government which may hereafter sign after approval as required by the By-Laws, provided such local governments are eligible to participate pursuant to said By-Laws) is a member of NWCDS and is entitled to the rights and privileges and subject to the obligations of membership, all as provided in said By-Laws. 4. Termination. Any party to this agreement may cease to be a party hereto and may withdraw from participation in NWCDS in the manner and means set forth in said By-Laws. 5. Powers of the System. NWCDS shall have the power in its own name to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose of property, real and personal, and to incur debts, liabilities or obligations necessary for the accomplishment of its purposes, but no such contract, employment, purchase, debt, liability or obligation shall be binding upon or obligate any member except as authorized by the attached By-Laws. NWCDS shall not have the power to eminent domain or the power to levy taxes. 3 6. Amendments. This Agreement may not be amended, except by written agreement and resolution of all the then parties to it. However, the By-Laws attached hereto as Exhibit "A" may be amended from time to time by the method and means provided herein, provided such amendments do not conflict with the terms set forth in this Agreement exclusive of said Exhibit "A". 7. Duration. This Agreement and NWCDS shall continue in effect until rescinded by unanimous consent of the then parties or until terminated in the manner provided in said By-Laws. Upon such termination, the assets remaining shall be disposed of in the manner set forth in the said By-Laws. 8. Enforcement. Each member shall have the right to enforce this Agreement against any other member. If suit is necessary therefore, a defaulting member shall pay reasonable attorney's fees to NWCDS as adjudicated by the Court. 9. Authorization. Prior to execution of this Agreement, each member shall deliver to the other a certified copy of a suitable ordinance or resolution authorizing and directing the execution of this Agreement. (- 10. Effective Date. This Agreement shall become effective when signed by all of the respective representatives of the Village of Arlington Heights, Village of Buffalo Grove, Village of Elk Grove Village, Village of Hoffman Estates, 4 Village of Mount Prospect, Village of Palatine, City of Prospect Heights, Village of Schaumburg and Village of Streamwood. IN WITNESS WHEREOF, the undersigned local governments have set their signatures on the respective dates set forth below. This document may be signed in duplicate originals. VILLAGE OF ARLINGTON HEIGHTS By: ATTEST: Date: VILLAGE OF BUFFALO GROVE By: ATTEST: Date: 5 ATTEST: Date: ATTEST: Date: VILLAGE OF ELK GROVE VILLAGE By: VILLAGE OF HOFFMAN ESTATES By: 6 NORTHWEST CENTRAL 9-1-1 SYSTEM ADDENDUM OF NEW MEMBERSHIP WHEREAS, the Villages of Arlington Heights, Buffalo Grove, Elk Grove Village and Mount Prospect have previously formed a joint venture to install, operate and maintain an Enhanced 9-1-1 Emergency Telephone System, known as Northwest Central 9-1-1 System (the 9-1-1 System), pursuant to authority granted under terms of Article VII, Section 10 of the 1970 Constitution of the State of Illinois; the Emergency Telephone System Act, 50 ILCS 750/0.01 et seq.; and the Intergovernmental Cooperation Act, 51LCS 220/1 through 51LCS 220/9; and WHEREAS, the City of Prospect Heights and the Villages of Hoffman Estates, Palatine and Streamwood have subsequently joined the 9-1-1 System; and WHEREAS, it is believed that the inclusion of an additional community in the 9-1-1 System will prove beneficial to both the 9-1-1 System and the Village; and WHEREAS, the new member has agreed to: 1. provide funds for its proportionate share of the cost of operation of the 9-1-1 System; and 2. provide all necessary funds required to add or modify hardware and/or software in order to accommodate the operational needs of the new member, and to pay a proportionate share of normal 9-1-1 operational expenses; and 3. pay a proportionate share of debts and liabilities which may be incurred after the effective date of membership; and IT IS THEREFORE AGREED by the Village of Mount Prospect to accept the Village of Schaumburg as a full participating member of the Northwest Central 9-1-1 System, effective upon the approval of all current members and according to terms of the attached Memorandum of Agreement marked Exhibit A. Dated this ..,}VL (, day of WC7c/-P/??k ,2006 ~ I: IIdh Village President Attest: r ~ a2 - (.~::/' . I //f(~ci --- .,Q Village Clerk EXHIBIT A NORTHWEST CENTRAL 9-1-1 SYSTEM MEMORANDUM OF AGREEMENT 1. Upon the date when all participants have approved and signed the revised Northwest Central 9-1-1 System Intergovernmental Agreement, Schaumburg will be considered to be a non-voting member of the system, and will be permitted to participate in all activities and deliberations of the system. Schaumburg will be granted voting rights when 9-1-1 operations for Schaumburg are officially transferred to the NWC911 System and monthly surcharge collections (wireless) and system operational contributions are remitted directly to the Northwest Central 9-1-1 System. At that time, Schaumburg will have one seat and one vote on the NWC911 Board of Directors (the ETSB) (which is composed of the Village Managers of the member municipalities). Simultaneously, when voting rights are granted, Schaumburg will eliminate its own independent Emergency Telephone System Board. The Northwest Central 9-1-1 System will perform all necessary work associated with the preparation and filing of an amended 9-1-1 system plan with the Illinois Commerce Commission. 2. All 9-1-1 surcharge remittances and system operational contributions will be made payable to the Northwest Central 9-1-1 System and be sent by the ICC in the case of wireless surcharge collections and by Schaumburg in the case of local exchange access lines to the Northwest Central office. 3. Northwest Central will deposit the net amount remitted by Schaumburg based on the current system wide operating surcharge of $.29 per line per month. This amount will be allocated to the common 9-1-1 system funding pool and will be used for 9-1-1 system budgetary purposes. If at a later date, the members of the system determine that there is a need to increase the monthly operating surcharge for general system operating expenses or capital improvements Schaumburg will maintain parity in the portion of its contribution, which is allocated to 9-1-1 system operations and/or capital reserve budgets. 4. The Northwest Central 9-1-1 System will pay all expenses related to the provisioning of Enhanced 9-1-1 service for Schaumburg effective with the transfer of 9-1-1 functions to Northwest Central. This includes AT&T and other local exchange carrier service fees, database preparation and maintenance, 9-1-1 premise equipment hardware and software, and adequate backup capability. 5. Schaumburg will pay certain one-time fixed costs for new equipment and/or software or for the modification of certain system components necessary for the integration of Schaumburg into the Northwest Central 9-1-1 System. Schaumburg agrees to pay such expenses to the Northwest Central 9-1-1 System on an installment basis, with each installment being paid within 30 days after receipt of an invoice from the Northwest Central 9-1-1 System. The total combined one-time transitional expense for Schaumburg for system modifications is included in the aggregate found in item number 4 of the NWCDS Memorandum of Agreement. 10/20/2006 6. Schaumburg agrees to be obligated for its proportionate share of the debts and liabilities outside of normal operating expenses, which may be incurred after its effective date of transfer of 9-1-1 operations to the Northwest Central 9-1-1 System. The proportionate share will be based on Schaumburg's share of the total number of access lines in the 9-1-1 system. The Schaumburg ETSB may use 9-1-1 surcharge revenue, which it has received prior to the transfer of operations to Northwest Central 9-1-1 System to pay any existing debts and liabilities of its 9-1-1 system. Any balance remaining in its 9-1-1 system account on the date of transfer of operations must be transferred to the joint Northwest Central 9-1-1 System where such funds will be separately identified and administered by the Northwest Central 9-1-1 System. Those funds may be expended for any lawful 9-1-1 related expenses as Schaumburg directs. 2 10/20/2006