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HomeMy WebLinkAbout5. NEW BUSINESS 06/03/2008 RESOLUTION NO. 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 by 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 Inverness has made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the membership request of Inverness; and WHEREAS, it is believed that 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 Inverness 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: NAYS: ABSENT: PASSED and APPROVED this day of June 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\ WIN\RES\NWCentraIDispatchamendedagreementRESjune2008.doc ~ NWCDS Northwest central Dispatch System 1975 EAST DAVIS STREET / ARLINGTON HEIGHTS, ILLINOIS 60005/ (847) 398-1130 FAX (847) 398-2498 EMERGENCY POLICE & FIRE DISPATCH SERVING ARLINGTON HEIGHTS-BUFFALO GROVE-ELK GROVE VILLAGE-HOFFMAN ESTATEs-MOUNT PROSPECT -PALATINE-PROSPECT HEIGHTs-5CHAUMBURG-STREAMWOOD May 16, 2008 Mr. Michael Janonis Village Manager Village of Mount Prospect 50 S. Emerson Mount Prospect, IL 60056 Re: Membership Documents for Inverness Dear Mike, The Inverness Village Board has passed the necessary resolution authorizing the approval of an amended venture agreement to become a member in the Northwest Central Dispatch System at their May 12, 2008 Board meeting. The next step will require action by the Boards of Trustees and City Council of the existing Northwest Central Dispatch System member communities. I have enclosed several documents related to the membership process to be acted upon by the Mount Prospect Village Board. For Northwest Central Dispatch I have included the following; 1. A proposed Board of Trustees Resolution approving an amended venture agreement which will authorize the membership of Inverness. 2. A copy of the new Venture Agreement; the current By-Laws and the Memorandum of Agreement which outlines the details of membership for Inverness. These items are being furnished only as samples and as a matter of information. Original signatures on the Venture Agreement are required. I have included eleven (11) copies of the Venture Agreement page that your Mayor will need to sign. When the certified copy of the Resolution and the Venture Agreement signature pages are ready please call me and I will make arrangements to pick them up. Please feel free to call if you have any questions or if I can be of any further assistance in this process. Sincerely, Cindy Barbera-Brelle Executive Director Enclosures RESOLUTION NO. A RESOLUTION AUTHORIZING ENTRY INTO AN AMENDED AGREEMENT FOR NORTHWEST CENTRAL DISPATCH SYSTEM WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect previously authorized entry by 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 Inverness has made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the membership request of Inverness; and WHEREAS, it is believed that the inclusion of an additional community in the System will prove beneficial to both the System and the Village; and WHEREAS, the addition of new members to NWCDS requires approval of an amended Venture Agreement, NOW THEREFORE, BE IT RESOLVED by the Mayor 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, that the President of the Village of Mount Prospect is authorized to enter into an amended Agreement for Northwest Central Dispatch System which provides for the addition of the Village of Inverness to NWCDS. Dated: Ayes: Approved: Attest This Nays: This day of June, 2008. Absent: day of June, 2008. Abstain: Mayor Village Clerk NORTHWEST 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 DuPage, Kane and Lake 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, Village of 4 Inverness, 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: 5 ATTEST: Date: ATTEST: Date: VILLAGE OF INVERNESS By: VILLAGE OF MOUNT PROSPECT By: 9 BY -LAWS for the NORTHWEST CENTRAL DISPATCH SYSTEM Approved and Adopted By the Board of Directors October 19, 1989 Amended - January 16, 1992 Amended - May 18, 2000 Amended - May 15, 2008 Northwest Central Dispatch System By-Laws 1 BY-LAWS for the NORTHWEST CENTRAL DISPATCH SYSTEM ARTICLE I PURPOSE The NORTHWEST CENTRAL DISPATCH SYSTEM, hereinafter referred to as NWCDS, is a cooperative venture voluntarily established by its members pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois and pursuant to the Intergovernmental Cooperation Act,S, ILCS 220/1 et seq. of the Illinois Compiled Statutes for the purpose of providing the hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint police, fire and other emergency communications system for the mutual benefit of the members of the venture; to provide such on a contract basis to other governmental units; and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding communications, information systems, and statistical matters within portions of Cook, DuPage, Kane and Lake Counties, Illinois. ARTICLE II POWERS NWCDS shall have the following powers in its own name: A. To enter into contracts in its own name, including contracts for the performance of services to other governmental units; B. To employ agents and employees; C. To acquire, lease, hold and dispose of property, both real and personal; D. To incur debts, liabilities or obligations necessary for the accomplishment of its purpose; E. To purchase or lease necessary equipment and machinery; F. To employ necessary personnel for the operation and maintenance of a system adequately designed to handle citizens' calls for police, fire and Northwest Central Dispatch System By-Laws 2 emergency medical services as well as the dispatch of members' field units, and; G. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I of these By-Laws. ARTICLE III MEMBERSHIP A. Any municipality within the practical operating sphere of the NWCDS headquarters is eligible for membership in NWCDS, provided the parties to the existing venture agree and all parties sign an amended NWCDS venture agreement. B. Continued membership in NWCDS shall be contingent upon the payment by each member municipality of an annual assessment and any additional fees that may be determined by the Board of Directors consistent with the financing procedures set forth in Article VIII hereunder. C. Upon becoming a member, any new member municipality shall become subject to all existing debts and liabilities of NWCDS on a proportionate basis to the same extent as all other members. In addition, any new member shall be liable for all costs of adding or modifying hardware and/or software necessary to effectively accommodate the operational needs of the new member, and of insuring that there is no degradation of existing capability due to the new member's needs. Each new member shall be expected to pay a proportionate share of the normal, continuing operating expenses of the System as well as its proportionate share of any special assessment, which may be approved by the members. The new member shall also be subject to a one-time initiation fee to be determined by the Board of Directors. ARTICLE IV BOARD OF DIRECTORS A. Purpose There is hereby established a Board of Directors which shall consist of the Mayor or President of each member municipality, or its Manager, if Northwest Central Dispatch System By-Laws 3 designated by the Mayor or President, and one Alternate Director also designated by the Mayor or President, each whom shall serve without salary, but that each may be reimbursed for necessary expenses incurred in connection with NWCDS business. 1. The Board of Directors shall determine general policy of NWCDS, and shall have the responsibility for the hiring of an Executive Director and auditors; approval of amendments of the By-Laws; approval of the acceptance of new members; approval of contracting and purchasing procedures; and approval of the annual budget of NWCDS. 2. The Executive Director may be removed by the Board of Directors whenever in its judgment the best interests of the NWCDS would be served thereby. B. Organization 1. Each municipality that is a member of NWCDS shall be entitled to one seat on the Board of Directors and hence shall be entitled to one vote thereon. a. Proxy or absentee voting is not allowed. However, each member may designate a person to serve in his or her absence at regular and special meetings with voting power. A member of the Board may designate a police or fire chief or a member of the command staff for either department. A member of the Executive Committee shall appoint a substitute who shall be a member of the command staff from the same department. b. In case of a tie vote, the Chairman of the Board of Directors shall cast a second and deciding vote; c. If any such Mayor or President or Manager or Alternate, as the case may be, ceases to be an official of the member municipality appointing him, such seat of the Board of Directors shall be vacant until a successor is appointed by such member municipality. C. Meetings 1. Regular meetings of the Board of Directors shall be held in the NWCDS offices six times a year at 9:00 A.M. on the third Thursday in January, March, May, July, September and November. Northwest Central Dispatch System By-Laws 4 a. At least five (5) days prior to each such meeting, the Chairman of the Board of Directors or his designee shall forward an agenda for such meeting to each of the other Directors and to each member of the Executive Committee. 2. A special meeting of the Board of Directors may be called by its Chairman or by any two members of the Board of Directors as follows: a. Two days written notice of special meetings shall be given to each member of the Board of Directors in a form, which shall include an agenda specifying the subjects of such special meeting; b. Business conducted at said special meeting shall be limited to those items specified in the agenda. 3. Unless otherwise specified in these By-Laws, a quorum for the transaction of all business by such Board of Directors shall consist of a majority of the Directors or Alternates then holding office. 4. Except to the extent that these By-Laws or any rules adopted by the Board of Directors impose a stricter requirement, all meetings of the Board of Directors, Executive Committee and Liaison Committees shall comply with the requirements of the Illinois Open Meetings Act 5 ILCS 120/1 et seq. 5. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern the conduct of all meetings of the Board of Directors, Executive Committee and Liaison Committees. D. Officers of the Board of Directors Officers of the Board of Directors shall consist of a Chairman, a Vice Chairman, a Secretary and a Treasurer. The Chairman and Vice Chairman shall be elected each year from among the membership of the Board at the March meeting. The Treasurer, who shall be the Finance Director of one of the member municipalities, shall be appointed by the Board of Directors. The NWCDS Executive Director may serve as Secretary if another person is not so appointed by the Board of Directors. The Chairman and Vice Chairman shall hold office for a term of one year and the Treasurer shall hold office for a term of four years. The Chairman and the Vice Chairman may be re-elected for successive terms. Newly elected officers shall assume their office in May. Northwest Central Dispatch System By-Laws 5 1. Chairman The Chairman shall: a. Conduct meetings of the Board of Directors; b. Sign, with the Executive Director and/or Treasurer any instrument which the Board of Directors has authorized to be executed, or otherwise authorized by previously approve NWCDS procedural rules of operation; c. Perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Board of Directors from time to time provided that such actions are consistent with these By-Laws. 2. Vice Chairman In the event of the absence of the Chairman, or in the event of his inability or refusal to act, the Vice Chairman shall perform the duties of Chairman until such time as the Chairman again undertakes to perform the duties of his office. 3. Secretary The Secretary shall: a. Keep the minutes of the Board of Directors and of the Executive Committee; b. See that all notices are duly made, given and/or published in accordance with the provisions of these By-Laws or as required by law; c. Act as custodian of the records of NWCDS; d. Perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the Executive Committee or by the Board of Directors. 4. Treasurer The Treasurer shall: Northwest Central Dispatch System By-Laws 6 a. Provide on-going counseling to the Executive Director, Executive Committee and Board of Directors in matters of fiscal policy and fiscal administration of NWCDS; b. Make recommendations on investment practices to the Executive Director; c. Act as an alternate signatory on all of the NWCDS bank accounts and investment instruments; d. Give bond in the amount of $1,000,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. NWCDS shall pay the bond premium. e. The Treasurer shall have no vote and receive no compensation for his services. ARTICLE V EXECUTIVE COMMITTEE A. Organization There shall be and there is hereby established an Executive Committee of NWCDS, the members of which shall serve without salary and shall take responsibility for the day-to-day operations and functions of NWCDS hereinafter set forth. B. Purpose The daily operations of NWCDS shall be conducted under the direction and supervision of the Executive Committee, subject to the policy limitations established by the Board of Directors from time to time. 1. The Executive Committee shall be responSible for carrying out the policy decisions made by the Board of Directors. 2. Subject to the policies established by the Board of Directors and within the limits fixed by the budget approved by the Board of Directors, the Executive Committee shall oversee the conduct of the daily operating affairs of NWCDS; provided that no obligation exceeding the amount of the approved budget shall be incurred by such Executive Committee, without the prior consent of the Board of Northwest Central Dispatch System By-Laws 7 Directors. 3. The Executive Committee shall have the right to review all day-to- day administrative decisions concerning personnel, development efforts, operations, cost sharing, expenditure approval, utilization of personnel and equipment, and decisions made by the Executive Di rector. C. Procedure Each municipality that is a member of NWCDS shall have up to two seats on the Executive Committee. One seat shall be occupied by the Chief of Police of the member municipality, or his designee. The other seat shall be occupied by the Chief of the Fire Department of the member municipality, or his designee. A designee may not occupy more than one seat. Each seat is entitled to one vote. Each member shall serve without salary, but each may be reimbursed for necessary expenses incurred in connection with NWCDS business. 1. Only the Chief of Police and Chief of the Fire Department of each member municipality (or their appointed designee) shall vote as the official representative of the member municipality to the Committee. 2. No proxy votes or absentee voting shall be permitted, except as provided in these By-Laws. 3. In the case of a tie, the Chairman of the Executive Committee shall cast a second and deciding vote. 4. A quorum for the transaction of all business by the Executive Committee shall consist of a majority of the official representatives of the member municipalities. D. Rules The Committee may establish rules for its own procedures and shall have such express or implied authority as is not inconsistent with or contrary to the Statutes of the State of Illinois, these By-Laws, or the Northwest Central Dispatch System Venture Agreement. E. Meetings 1. Regular meetings of the Executive Committee shall be held in the NWCDS offices six times a year at 9:00 A.M. on the first Northwest Central Dispatch System By-Laws 8 Wednesday in January, March, May, July, September and November. 2. The Chairman shall cause to be forwarded to each Committee Member a meeting notice and agenda at least five (5) days in advance of the meeting. 3. Special meetings of the Executive Committee may be called by its Chairman, or any four official representatives to the Executive Committee acting in concert --provided that notice of such special meeting shall be in writing and signed by such four official representatives; shall contain the time, date, and location of such special meeting; and shall be forwarded along with an agenda to each official representative to the Executive Committee. Said notice must be circulated at least two (2) days in advance of the meeting. 4. Business conducted at special meetings shall be limited to items specified on the agenda. F. Officers of the Executive Committee Officers of the Executive Committee shall consist of a Chairman and a Vice Chairman. They shall be appointed by the Chairman and the Vice Chairman of the Board of Directors respectively in March. Their term begins in May. Normally a regular rotation between the Police Chief and the Fire Chief of each municipality shall be observed in the appointment of the Executive Committee Chairman and Vice Chairman. The Chairman and the Vice Chairman shall each serve a term of one year. The Chairman and the Vice Chairman may be re-appointed for successive terms. 1. Chairman The Chairman shall conduct meetings of the Executive Committee and shall serve as the liaison between the Board of Directors and the Executive Committee. a. The Chairman may sign, with the Executive Director and/or Treasurer, any instruments that the Executive Committee, acting as a Committee, has authorized to be executed or otherwise authorized by previously approved NWCDS procedural rules of operation; b. The Chairman shall also perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Executive Committee from time to time Northwest Central Dispatch System By-Laws 9 provided that such actions are consistent with these By-Laws. 2. Vice Chairman In the absence of the Chairman or in the event of the Chairman's inability or refusal to act, the Vice Chairman shall perform the duties of Chairman. The Vice Chairman shall perform such other duties as may be requested by the Chairman. 3. Chairman Pro-Tem In the absence of the Chairman and the Vice Chairman or in the event of their inability or refusal to act, the remaining members of the Executive Committee shall elect from among themselves a Chairman Pro-tem who shall perform the duties of Chairman. ARTICLE VI THE EXECUTIVE DIRECTOR A. The Executive Director 1. The Executive Director shall be the administrative head of NWCDS and shall be directly responsible to the Executive Committee for the administration of NWCDS. a. The Executive Director shall be appointed by and shall serve at the pleasure of the Board of Directors. b. The Executive Director shall be chosen on the basis of administrative and executive qualifications with special reference to actual experience in or knowledge of accepted practice with respect to the duties of the office hereinafter set forth. 2. No person shall be appointed Executive Director while that person is employed by or serves as an official of a member municipality. 3. Any vacancy in the office of Executive Director shall be filled as soon as possible after the effective date of such vacancy, and, in the case of absence or disability of the Executive Director, the Board of Directors may designate any other qualified employee of NWCDS or any other qualified employee of any member municipality to Northwest Central Dispatch System By-Laws 10 perform the duties of Executive Director during such absence or disability . 4. The Executive Director may be removed by the Board of Directors by a majority vote of the entire Board. 5. The powers and duties of the Executive Director shall be: a. To attend all meetings of the Executive Committee and the Board of Directors, unless excused there from: (1) The Executive Director shall have the right to take part in the discussion of all matters coming before the Executive Committee and the Board of Directors, but shall have no vote thereon; (2) The Executive Director shall be entitled to and be given notice of all meetings, regular and special, of the Executive Committee and the Board of Directors. b. To appoint, evaluate, promote, demote or remove employees of NWCDS pursuant to the approved NWCDS budget and in accord with the policies and procedures of the agency; c. To recommend to the Executive Committee for adoption of such measures as may be deemed necessary or expedient for the efficient operation of NWCDS; d. To enforce, to administer, and to make operative the policies of NWCDS as established by the Board of Directors and Executive Committee; e. To prepare a report six times per year of NWCDS activities and to present the report to the Board of Directors and the Executive Committee; f. To prepare a proposed annual budget as well as a report of estimated revenues in order to determine the estimated funds necessary to defray the expenses of NWCDS for the fiscal year and to present same to the Executive Committee in the manner set forth under Article VIII herein; g. To serve as Chairman of the Liaison Committees and coordinate the activities of the respective Committees as required; Northwest Central Dispatch System By-Laws 11 h. To perform such other duties as may be delegated from time to time by the Board of Directors or by the Executive Committee. 6. The Executive Director shall give bond in the amount of $1/000/000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. NWCDS shall pay the bond premium. 7. The Executive Committee shall conduct an annual evaluation of the Executive Director's performance and report its finding to the Board of Directors. This report shall be presented to the Board on or before final consideration of the proposed annual budget. 8. Compensation for the Executive Director shall be set by the Board of Directors. ARTICLE VII LIAISON COMMITTEES A. Organization and Purpose There shall be and there are hereby established separate police and fire Liaison Committees of NWCDS, the members of which shall serve without compensation and without salary and shall be available to the NWCDS Executive Director and Executive Committee to assist in the coordination of: 1. Unified radio procedures: 2. NWCDS procedural changes that affect one or more member agencies; 3. Agencies' records sections; 4. The orderly transmittal of inquiries regarding the handling of specific matters by NWCDS. The operation of these Liaison Committees will be conducted under the direction of the Executive Committee, subject to the policy limitations established by the Board of Directors from time to time. Except as Northwest Central Dispatch System By-Laws 12 otherwise stated in the By-Laws, no action of the Liaison Committees shall be binding unless approved or ratified by the Executive Committee in accordance with these By-Laws. B. Procedure 1. Each police and fire agency, which is a member of NWCDS along with the Executive Director of NWCDS acting as Chairman, shall have one seat on its respective Liaison Committee. It is expected that most decisions will be by consensus but should voting become necessary, the following procedure shall apply: a. One vote only shall be cast by each representative of each member agency (or by his designated alternate, if such representative is absent) as the official representative to the Liaison Committee. The Chairman shall not vote except in cases of tie votes. b. No proxy votes or absentee voting shall be permitted except as otherwise provided in these By-Laws. c. A quorum for the transaction of all business by the Liaison Committee shall consist of a majority of the official representatives present at any regular or special meeting. C. Meetings 1. Meetings of the Liaison Committees shall be held as deemed necessary and appropriate by the membership. D. Duties of the Liaison Committees The Liaison Committees shall: 1. Be the personal contact at each member's police or fire department for the NWCDS Executive Director in matters of daily procedural concern; 2. Provide liaison to the NWCDS Executive Director in the coordination and preparation of unified procedures; 3. Be a resource for the Executive Committee in researching special topics of interest; Northwest Central Dispatch System By-Laws 13 4. Forward complaints or compliments concerning the operation of NWCDS to the NWCDS Executive Director from their respective agencies; 5. Perform any other related duties as required by the Executive Committee. ARTICLE VIII BUDGET A. The fiscal year of NWCDS shall commence May 1st and end on April 30th. B. An annual budget shall be adopted by the Board of Directors at its regular January meeting each year. 1. The Executive Director of NWCDS shall prepare a proposed annual budget for the Executive Committee. a) Not later than December each year, the Executive Committee shall review the proposed annual budget and make such modifications as it deems proper; b) Following approval by the Executive Committee, the proposed budget shall be submitted to the Board of Directors. 2. Prior to the January board meeting, copies of the proposed budget shall be delivered to the Chief Administrative Officer of each participating municipality. C. Upon approval of the annual budget, the Board of Directors shall have the authority to fix cost-sharing charges for all participants in NWCDS of an amount sufficient to provide the funds required by the current annual budget. 1. Billing shall commence May 1st of each year. Any participating member whose charges have not been paid within forty-five (45) days after billing shall be assessed interest on the delinquent payment(s) at a rate not to exceed the maximum authorized by the Bond Authorization Act, as amended, at the time the payment becomes delinquent. The member shall not be entitled to further Northwest Central Dispatch System By-Laws 14 voting privileges on the Board of Directors or the Executive Committee nor shall any representative hold any office until such time as all delinquent payments and interest have been paid. 2. All activities of NWCDS will be cost shared by the members. Each member's share shall be based on a weighted percentage formula of the number of incoming emergency telephone calls received by NWCDS (75%) and the number of calls assigned for police and/or fire and/or EMS service (25%) or 2% whichever is greater. Each member's cost share shall be approved by the Board of Directors annually. Such cost sharing determination shall be made not later than January 15th of each year based upon statistical information for the preceding calendar year submitted to the Board of Directors in January. D. Whenever a member relocates its communication equipment and/or the communication equipment of NWCDS to another location, and/or adds additional communication equipment to the member's communication system, thereby increasing NWCDS' operational responsibilities, obligations, or costs, any and all costs incurred by NWCDS as a result of the aforesaid relocation of communications equipment or the aforesaid adding of additional communication equipment to the member's communication system, including, but not limited to, any costs incurred by NWCDS for the purchase and installation of new or additional equipment, all the aforesaid costs, and any additional costs, including but not limited to, the costs to install communication lines, shall be paid by that member and not by NWCDS. Notwithstanding any provisions in these By-Laws or this paragraph D to the contrary, no member of NWCDS shall relocate the equipment or property of NWCDS, or by any means increase NWCDS' operational responsibilities, obligations and/or costs, including but not limited to, costs to be incurred by NWCDS for the purchase of new or additional equipment, without first obtaining authorization from NWCDS' Executive Committee to relocate NWCDS' equipment and property, and/or increase NWCDS' operational responsibilities. Obligations and/or costs, including but not limited to, costs to be incurred by NWCDS for the purchase of new or additional equipment. In addition, in the event NWCDS pays the costs of maintaining any new equipment or additional equipment and/or property acquired in accordance with this paragraph D said additional equipment and/or property shall become the equipment/property of NWCDS as set out in paragraph 12.3 of these By-Laws notwithstanding the fact the existing member shall pay the costs of the purchase and Northwest Central Dispatch System By-Laws 15 installation of said equipment/property. E. Each member shall take all required actions to authorize the funds necessary to meet its obligations under these By-Laws. F. Purchases and/or letting contracts shall be done in accordance with procedural guidelines established by resolution of the Board of Directors. G. After adoption of the annual budget by the Board of Directors, the Executive Director and the Executive Committee shall make all expenditures in accordance with such budget. 1. The Executive Director of NWCDS shall have the power to transfer funds within the total budget amount in order to meet unanticipated needs or to meet changed situations. 2. Such action of the Executive Director shall be reported to the Board of Directors and the Executive Committee in the Director's next meeting report. The Board of Directors and/or the Executive Committee may establish procedures and limitations as may be necessary to preserve the integrity and purpose of the approved budget. ARTICLE IX AUDIT A. The Board of Directors shall call for an annual audit of the financial affairs of NWCDS, to be made by a Certified Public Accountant at the end of each fiscal year in accordance with generally accepted auditing principles. B. An original copy of the annual audit report shall be delivered to each member municipality. ARTICLE X WITHDRAWAL, TERMINATION AND DISSOLUTION A. Any member municipality may withdraw from NWCDS subject to the provisions of this article. Northwest Central Dispatch System By-Laws 16 1. Such withdrawing member shall give written notice of withdrawal in the form of a certified copy of a resolution passed by its corporate authorities, a copy of which must be sent to the Executive Director of NWCDS, as well as the Chairman of the Executive Committee and Chairman of the Board of Directors. 2. Prior thirty-day (30) notice to any member of its nonpayment of cost-sharing charges as set forth herein, and/or the refusal or declination of any member municipality to be bound by any obligation of NWCDS shall also constitute notice of withdrawal of such municipality, which withdrawal shall become effective on the 30th day after mailing of said notice. 3. Withdrawal of a member shall also constitute withdrawal of its members to the Board of Directors and to the Executive Committee and to each of the Liaison Committees. 4. The withdrawing member shall forfeit any and all interest, right and title to NWCDS property and assets of any type whatsoever. 5. The withdrawing member shall be liable for all costs incurred by NWCDS as a result of the member's separation and withdrawal. This may include, but is not necessarily limited to, legal fees, court costs and interest on late payment of obligations. B. Upon any such notice of withdrawal: 1. Withdrawal shall not take effect for a period of one (1) year from date of such written notification; 2. Upon withdrawal, the withdrawing member shall continue to be responsible for: a. One hundred (100%) per cent of its prorata share of any unpaid obligations to date of withdrawal; b. One hundred (100%) per cent of its prorata share of any contractual or lease obligations of NWCDS which" were incurred during the period the municipality was a member or which were assumed during its membership; c. For any contractual obligations it has separately signed with NWCDS. Northwest Central Dispatch System By-Laws 17 d) The term "pro rata share" as used in Article X of the Northwest Central Dispatch System By-Laws, shall mean a percentage of all the System's costs, which include but are not limited to those costs identified in B.2.a) and B.2.b) set out above. The percentage shall be computed as defined in Article VIII, paragraph C.2 for the last complete calendar year preceding the withdrawing member's effective date of withdrawal. C. Upon adoption of an Ordinance by a majority of the participating member municipalities to dissolve, the NWCDS Venture Agreement and NWCDS shall be terminated and dissolved in accord with the provisions hereof. 1. Upon such termination and dissolution (and after payment of all debts) all individual files and documentation shall be distributed to the member community, which has jurisdiction of the subject matter of the file or documentation without charge or offset. 2. The fixed assets of NWCDS shall be sold by sealed bid after prior thirty-day (30) public notice. The proceeds from the sale of the fixed assets and all cash, less the payment of any and all liabilities, shall be divided among the members in proportion to their average respective regular and special assessment payments for the preceding three (3) fiscal years. If liabilities exceed all assets, the difference shall be made up by contributions by all members on a proportionate basis according to the then prevailing annual budget assessment formula. ARTICLE XI INDEMNIFICATION A. Each member which is subject to a claim, of any nature, which arises as a consequence of the acts or omissions of such member's personnel in responding to, or providing emergency services pursuant to a dispatch via the System (hereinafter "Claim") shall, at such member's sole expense, indemnify and save free and harmless any other member, and its officers, employees and agents from any cost, expense, attorney fees, judgment or liability of any nature when any other member is/are subject to the same claim solely as a consequence of such other member being a member of this NWCDS. Northwest Central Dispatch System By-Laws 18 Additionally, in the event NWCDS and/or its Directors, officers, employees and agents are subject to a Claim of any nature which arises as a consequence of the acts or omissions of member's personnel in responding to or providing emergency services pursuant to a dispatch by NWCDS, such member shall at its-sole expense, indemnify and save free and harmless from any cost, expense, attorney fees, judgments or liability of any nature the System and/or its officers, Directors, employees and agents unless it is determined that the officers, Directors, employees and/or agents of the NWCDS acted in a willful and wanton manner in connection with dispatching the personnel of the member. B. In the event that any member municipality should file suit or an action against NWCDS, all representatives of that member shall be prohibited from attending any meetings or discussions or having access to the results of such meetings related to the defense of the suit or action. The member's representatives shall have no direct access to any written communication concerning the matter except by legal process; and no representative of the member shall be allowed to vote on any issue related to the suit or action. ARTICLE XII AMENDMENT TO BY-LAWS A. Amendment to these By-Laws may be proposed by any member of the Board of Directors or by any member of the Executive Committee. No amendment, however, shall be in conflict with nor change in any way the Northwest Central Dispatch System Venture Agreement. 1. The amendment shall be submitted to the Board of Directors at least thirty-days (30) prior to the meeting of the Board of Directors at which such amendment is to be considered. 2. The proposed amendment and the reason therefore shall be considered by the Board of Directors, along with the recommendations of the Executive Committee and any officer of NWCDS. B. A three-fourths (3/4) vote of the Board of Directors shall be required to adopt any amendment to these By-Laws. The Chairman shall not have the authority to cast more than one (1) vote on a motion to amend these By-Laws. Northwest Central Dispatch System By-Laws 19 ARTICLE XIII EFFECTIVE DATE These By-Laws shall go into effect immediately upon adoption by the Board of Directors. Northwest Central Dispatch System By-Laws 20 I Memorandum of Agreement - NWCDS 1. Upon the date when all participants have approved and signed the revised Northwest Central Dispatch System Venture Agreement, Inverness will be considered a non-voting member of the system, and will be permitted to participate in all activities and deliberations of the system. Inverness will be granted voting rights when dispatch operations are officially transferred to the NWCDS System and monthly assessments begin. At that time, Inverness will have one seat and one vote on the NWCDS Board of Directors (which is composed of the Village Managers or Administrators/City Administrators of the member municipalities). Inverness will also have one seat and one vote for its police department on the NWCDS Executive Committee. 2. Dispatch services are projected to be transferred to NWCDS on or about May 1, 2009. The implementation date is contingent on the installation of radio equipment, telephone service and other electronic equipment needed to handle the dispatch operations for the police department. Implementation will not take place until all necessary components are in place and functioning properly. 3. Inverness will pay to NWCDS an initiation fee of $81,010.48, which will be due in two equal payments May 20, 2009 and May 20, 2010. 4. Inverness will pay the full cost of any modifications to the radio consoles, telephone equipment, CAD, Records Management Sharing System equipment, MDC equipment, and software, which are necessary to accommodate its police dispatch operation in the NWCDS center. Inverness agrees to pay the expenses to NWCDS within 30 days after receipt of an invoice from Northwest Central Dispatch. The total combined one-time transitional expense for Inverness for system modifications is not expected to exceed $26,814 although if those actual expenses are higher, Inverness agrees to pay the higher amounts. NWCDS will keep Inverness fully apprised of the costs involved as those figu res are developed with the various contractors. This includes 9-1-1 transition costs. It is expected that all such costs will be billed to the community during calendar year 2009. If the actual costs are lower than the estimated costs cited above, the invoices will reflect the actual costs. 5. Inverness will begin paying a proportionate share of the NWCDS operating and capital reserve assessments immediately upon the transfer of dispatch operations. If after May 1, 2009, the annual assessment share for Inverness for the first NWCDS fiscal year will be pro-rated to include only the number of months for which dispatch service is actually provided. Assessment payments will be invoiced on a monthly basis. The annual assessment will be based on the standard formula used for all current members. The formula consists of a combination percentage of telephone calls received by the municipality (both 9-1-1 and seven digit calls) and the total number of police department dispatch assignments. During the first fiscal year of operation, the assessment will be based on the two formula factors derived from 2008 figures. If the combination percentage is less than 2%, 2% will be used to calculate the annual assessment. In subsequent fiscal years the budget assessment share for Inverness will vary according to the then prevailing apportionment formula. However, if the combination percentage is less than 2%, 2% will be used to calculate the annual assessment. 6. Inverness agrees to be obligated for a proportionate share of the debits and liabilities outside of normal operating expenses, which may be incurred after the effective date of its grant of voting membership in NWCDS. Its proportionate share shall be equal to its current annual assessment percentage or 2% whichever is greater. 7. The Inverness Police Department will have limited front desk capability to handle routine non-emergency radio and telephone traffic during business hours. 8. Inverness will ensure that all marked police vehicles are equipped with suitable mobile data devices at the outset of dispatch operations, which will be operationally compatible with the NWCDS mobile data infrastructure and all other units in the system. Any MDCs will be incorporated into the NWCDS mobile infrastructure at Inverness' expense. 9. Any future CAD or RMS software changes requested by Inverness which are unique to its police operations and which do not have system-wide applicability would be the sole responsibility of Inverness. 10. Inverness will be responsible for all costs associated with its telephone lines (except 9-1-1) which includes the routing of off-premise extensions for a seven-digit police emergency line to NWCDS; for its own mobile and portable radios, pagers and cellular telephones; and for all in-house CAD, LEADS and RMS data terminals and printers. 11. NWCDS will monitor direct connect and/or radio alarms for vital municipal services such as wells and lift stations provided that all such alarms are received on the standard NWCDS monitoring equipment. 12. It is agreed that Inverness will make available its geographic files in ESRI format or will attempt to machine convert the files or otherwise manually code them to conform to the format used in the NWCDS CAD system. Any other useful computer files will be provided in the best format possible to facilitate building the necessary NWCDS CAD files. 13. NWCDS will cooperate as fully as possible to establish an interface of the Inverness' Records Management System into the NWCDS Integrated Justice Information System. 14. It is agreed that unit-numbering designations and police beat number designations (Inverness will use 700 series numbers) will conform to the standard scheme used by NWCDS. Radio broadcast conventions will also conform to existing NWCDS practice. Inverness agrees that unique operational practices in the police department that is not used by at least one of the other NWCDS departments will be changed to conform to member agency existing practice. Inverness also agrees that department specific and unique practices tend to be inefficient in a joint system; complicates the training process; and causes a much greater susceptibility to errors and shall be avoided whenever possible. The objective is to have uniformity amongst the member communities. 15. It is understood by all parties that the transition to a new operating system is often difficult and in an effort to promote a smooth transition process, the Village will identify a single point of contact at the command staff level who will serve as the transition coordinator for at least a one-year period. Ideally, the coordinator will be someone who is familiar with dispatch operations and who has spent a minimum of 24 hours of familiarization training at the NWCDS center. In return, NWCDS will also identify a transition coordinator who will be assigned to become familiar with Inverness dispatch procedures, and will interface with the designated Inverness coordinator. 16. Inverness will provide a clearly defined mechanism to insure immediate and explicit notification of any annexations and/or address changes in order to maintain an accurate CAD geo file and 9-1-1 MSAG database. NWCDS will provide all necessary services to maintain the CAD geofiles, police department response changes and other CAD tables and files provided it is furnished with notification of major changes 60 days in advance of the effective date of the change. At which time a project timeline will be developed. 17. NWCDS will add no new personnel to its staff to accommodate Inverness's dispatch activities. RESOLUTION NO. A RESOLUTION APPROVING AN ADDENDUM OF NEW MEMBERSHIP IN THE NORTHWEST CENTRAL 9-1-1 SYSTEM WHEREAS, the President and Board of Trustees of the Village of Mount Prospect previously authorized entry by said Village into an Agreement to provide for and maintain a joint Enhanced 9-1-1 System known as Northwest Central 9-1-1 System, referred to as "the 9-1-1 System"; and WHEREAS, the Village of Inverness has made application for membership in the 9-1-1 System; and WHEREAS, the 9-1-1 System Board of Directors has unanimously recommended approval of the request for membership made by I nverness; and WHEREAS, it is believed, 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 of Mount Prospect; 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 WHEREAS, the addition of new members to the 9-1-1 System requires approval of an Addendum of New Membership. 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; the Emergency Telephone System Act, 50 through ILCS 750/0.01 et seq.; and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9: SECTION ONE: That the Village Board of Trustees authorizes the Village of Mount Prospect to enter into an Addendum of New' Membership which provides for the addition of the Village of Inverness to the 9-1-1 System. 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 "An. 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: NAYS: ABSENT: PASSED and APPROVED this day of June 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk E WriEMERGENCY i: m - c D. I ~ I Northwest Central 9-1-1 System 1975 EAST DAVIS STREET / ARLINGTON HEIGHTS. ILLINOIS 60005/ (847) 398-1130 FAX (847) 398-2498 ENHANCED 9-'-' SYSTEM SERVING ARLINGTON HEIGHTS-BUFFALO GROVE-ELK GROVE VILLAGE-HOFFMAN ESTATES-MOUNT PROSPECT-PALATlNE-PROSPECT HEIGHTS-SCHAUMBURG-STREAMWOOD May 16, 2008 Mr. Michael Janonis Village Manager Village of Mount Prospect 50 South Emerson Mount Prospect, IL 60056 Re: Membership Documents for Inverness Dear Mike, The I nverness Village Board has passed the necessary ordinance authorizing approval of an intergovernmental agreement for entry into the Northwest Central 9-1-1 System at their May 12, 2008 Board meeting. The next step will require action by the Boards of Trustees and City Council of the existing member communities. I have enclosed several documents related to the membership process to be acted upon by the Mount Prospect Village Board. For Northwest Central 9-1-1 System, I have included the following; 1. A proposed Resolution authorizing approval of an Addendum of New Membership and a copy of the Addendum itself. When the Resolution has been approved, the President and the Village Clerk can sign the Addendum of New Membership. 2. Also included, as a matter of information, is the existing 9-1-1 System Venture Agreement (which will not change), the current 9-1-1 System By-Laws, and the Memorandum of Agreement for Inverness. The latter documents are provided because they contain the necessary membership trigger clauses and are referenced in the Addendum. When the certified copy of the Resolution and Addendum of New Membership are ready please call me and I will make arrangements to pick them up. Please feel free to call if you have any questions or if I can be of any further assistance in this process. Sincerely, Cindy Barbera- elle Executive Director Enclosures RESOLUTION NO. A RESOLUTION APPROVING AN ADDENDUM OF NEW MEMBERSHIP IN THE NORTHWEST CENTRAL 9-1-1 SYSTEM WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect previously authorized entry by said Village into an Agreement to provide for and maintain a joint Enhanced 9-1-1 System known as Northwest Central 9-1-1 System, hereinafter referred to as "the 9-1-1 System"; and WHEREAS, the Village of Inverness has made application for membership in the 9-1-1 System; and WHEREAS, the 9-1-1 System Board of Directors has unanimously recommended approval of the request for membership made by Inverness; 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 the 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 WHEREAS, the addition of new members to the 9-1-1 System requires approval of an Addendum of New Membership, NOW THEREFORE, BE IT RESOLVED by the Mayor 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; the Emergency Telephone System Act, 50 ILCS 750/0.01 et seq.; and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9, that the Mayor of the Village of Mount Prospect is authorized to enter into an Addendum of New Membership which provides for the addition of the Village of Inverness to the 9-1-1 System. Dated: This day of June, 2008. Ayes: Nays: Absent: Abstain: Approved: This day of June, 2008. Mayor Attest: Village Clerk 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,S ILCS 220/1 through 51LCS 220/9; and WHEREAS, the City of Prospect Heights and the Villages of Hoffman Estates, Palatine, Schaumburg 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 City; 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 Inverness 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 day of June, 2008 Mayor Attest: Village Clerk .... . ......... . ~..- .--....-.. ...... ..--...-...-- NORTHWEST CENTRAL 9-1-1 SYSTEM INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AGREE~NT, entered into on the effective date specified hereafter, by and between the local governments signatory hereto and also those which may hereafter become signatory: WITNESSETH: WHEREAS, the signatories have determined that the implementation of a 9-1-1 Emergency Telephone System would provide a significant public safety enhancement to the citizens of each of the participating municipalities: and WHEREAS, the signatories have determined that a Joint Emergency Telephone System would be beneficial on an individual and mutual basis and . WHEREAS, Chapter 134, Section 30.01 et seq. of the Illinois Revised statutes permits the formation of a Joint Emergency Telephone System Board to oversee the implementation and operation of a 9-1-1 emergency telephone system, and WHERE~S, Chapter 127, Section 741 of the Illinois Revised . Statutes provides for the joint exercise by two or more local governments of any power common to them; NOW ~BEREFORE DE XT AGREED DY AND DETWEEN Tlre PARTIES AS FOLLOWS: 1. Venture Established. Pursuant to the joint powers authorization of Chapter 127 and of Chapter 134 section 30.01 et seq. ot the Illinois Revised statutes, the undersigned hereby federate together in a cooperative venture for the joint and mutual operation of a 9-1-1 emergency telephone system, to ~e known as Northwest central 9-1-1 system consistinq of all local governments which may hereafter become signatory. 2. ~oint Emeraencv Telephone Svstem Board. There is hereby established a Joint Emergency Telephone System Board which shall consist of the Village Manager of Arlington Heights, The Village Manager of Buffalo Grove, the Village Manager of Elk Grove Village, the Villaqe Manager of Mount Prospect and the Director of Northwest central Dispatch system. Each subsequent participating municipality in the Northwest Central g- 1-1 System shall be entitled.to one member on the Joint Emergency Telephone System Board. Designation of the new participating municipalities board member shall be be specified by the participant's enabling ordinance. 1 J. nv-Lnws. Northwest Central 9-1-1 System shall be subject to and shall be qoverned by certain Dy-Lows which shall be adopted by the Joint Emerqency Telephone system Board together with any amendments which may be made in the manner and means provided. 4. PnrticiDation. Each participatinq municipality in tho Northwest Central 9-1-1 System, and each municipality which may hereafter become a participant is a member and is entitled to the rights and privileges and is subject to the obligations of membership, all as may be provided in the By-Laws. 5. Termination. Any party to this Agreement may cease to be a party hereto and may withdraw from participation in the manner and means set forth in the By-Laws. G. Powers of the Board. The powers and duties of the Emergency Telephone System Board created by this Agreement shall include, but not be limited to the following: A. Planninq a 9-1-1. emergency telephone system. D. Coordinating and supervising the implementation, upgrading, maintenance and operation of the system including the establishment of equipment specifications and coding systems. . C. Receiving monies from the surcharge imposed under Section 15.3 of the Emergency Telephone System Act, and from any other source, for deposit into the Emergency Telephone System Fund. D. Authorizing all disbursements from the fund. E. Hiring, on a temporary basis, any staff necessary for the implementation or upgrade of the system. F. Making and entering into contracts. G. Acquiring, holding and disposing of property. H. Incurring debts, liabilities or obligations necessary for the accomplishment of its purposes. 2 7. ~mendment. This Agreement may not be amended, except by written agreement and resolution of all the then currant parties thereto. , . o. Quration. This Agreement shall continue in effect until rescinded by unanimous consent of the currant partias or until terminated in the manner provided in the Dy-La,..,s. 9. Enforcement. Each member shall, have the right to enforce this Agreement against any other member. If suit is necessary, a defaulting member shall pay reasonable attorney's fees as adjudicated by the Court. 10. ~uthori7.ation. 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 execution of this Agreement. 11. Effective Date. This Agreemen~ shall become effective when signed by all respective representatives of the village of Arlington Heights, the village of Buffalo Grove, the Village of Elk Grove village and the village of Mount prospect. IN WITNESS WHEREOF, the undersigned municipalities have set thair'signatures on the "dates set forth below. This document may be signed in duplicate originals. ATTEST: ~e:::; ~ HEIGHTS DATE: VILLAGE OF BUFFALO GROVE~ . /' ,-../ ;. ,/ BY'" Z/ ~~' ".-.'. l. ~ t. eI,-! ~~ ~_.... .. v/ ATTEST \ ~'lY\.~ DATE: YAfd.-lLlA.-l-i, e /?.,Pf v :3 DhTE: 2~ J Lfi/~ .DATE~PlUd?, ~ /9?j .' VXLLAGE OF MOUNT PROSPECT BY ~/~ /I- t:1t~~ y 4 WiilEMERGENCY s:: u m - Cl ~ I ~ BY -LAWS for the NORTHWEST CENTRAL 9-1-1 SYSTEM Approved and Adopted By the System Board December 14, 1989 Amended - January 16, 1992 Amended - May 18, 2000 Amended - May 17, 2001 Amended - May 15, 2008 BY -LAWS for the NORTHWEST CENTRAL 9-1-1 SYSTEM ARTICLE I PURPOSE The Northwest Central 9-1-1 System (hereafter the "9-1-1 System") is a cooperative venture voluntarily established by its members pursuant to the Northwest Central 9-1-1 System Intergovernmental Agreement (hereafter the "Agreement") entered into by them in accord with the Intergovernmental Cooperation Act,S ILCS 220/1 and the Emergency Telephone System Act, 50 ILCS 750/1 of the Illinois Compiled Statutes. The 9-1-1 System has been established for the purpose of providing the equipment, services, personnel, facilities and other items necessary for the implementation, operation, maintenance and repair of a 9-1-1 Emergency Telephone System within portions of Cook, DuPage, Kane, and Lake Counties, Illinois. ARTICLE II MEMBERSHIP A. The members of the 9-1-1 System are the Villages of Arlington Heights, Buffalo Grove, Elk Grove Village, Hoffman Estates, Mt. Prospect, Palatine, Schaumburg, Streamwood, and the City of Prospect Heights pursuant to the Agreement. B. Any municipality which hereafter becomes a full participating member of the Northwest Central Dispatch System may also become a member of the 9-1-1 System, provided all current members and the new member sign an addendum of new membership to the 9-1-1 Cooperative Venture Agreement. C. The addendum authorizing a new member of the 9-1-1 System shall require the new member to: Northwest Central 9-1-1 System By-Laws 1 1. Provide funds for its proportionate share of the costs of operations 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. Each new member shall also be expected to pay a proportionate share of normal 9-1-1 operating expenses. 3. Provide written acceptance obligating itself for its proportionate share of the existing debts and liabilities of the 9-1-1 System. 4. Deliver to the Joint Emergency Telephone System Board a duly certified ordinance in proper form authorizing and directing such member's execution of the addendum and the written acceptance of existing debts referred to in C.3. above, and its agreement to be bound by the 9-1-1 System's By-Laws. ARTICLE III JOINT EMERGENCY TELEPHONE SYSTEM BOARD A. Powers The Joint Emergency Telephone System Board created pursuant to the Agreement shall consist of a Board of Directors (hereafter the "System Board") who are the Chief Appointed Administrative Officers of the member municipalities. The System Board shall have the following powers and duties: 1. Planning a 9-1-1 Emergency Telephone System (hereafter the "System"). 2. Coordinating and supervising the implementation, upgrading, maintenance, repair, and operation of the System including the establishment of equipment specifications and coding systems; 3. Receiving monies from the surcharge imposed under Section 15.3 of the Emergency Telephone System Act of the Illinois Compiled Statutes and from any other source, for deposit into the Emergency Telephone System Fund; Northwest Central 9-1-1 System By-Laws 2 4. Authorizing all disbursements from the Fund by Resolutions approved by a majority of all System Board members; 5. Hiring, on a temporary or permanent basis, any staff necessary for the operation or upgrade of the System; 6. Making and entering into contracts; 7. Acquiring, holding and disposing of property; 8. Incurring debts, liabilities or obligations in accord with applicable law as necessary for the accomplishment of the purposes of the 9- 1-1 System; 9. Purchasing and leasing necessary equipment; and 10. Exercising all powers necessary and incidental to carrying out the purposes set forth in Article I of these By-Laws including but not limited to, hiring auditors and attorneys, approving amendments to these By-Laws, accepting new members, approving the annual budget of the 9-1-1 System, and determining the general policy of the 9-1-1 System, provided however, that such policy shall never be inconsistent with the laws of the State of Illinois. B. Organization 1. Each member of the System Board shall be entitled to one vote. 2. Proxy or absentee voting is not allowed. However, each member may designate a person to serve in his or her absence at regular and special meetings with voting power. A member of the Board may designate a police or fire chief or a member of the command staff for either department. 3. I n case of a tie vote, the Chairman of the System Board shall cast a second and deciding vote. 4. If any member of the System Board ceases to be an official or employee of their respective municipality or of the Dispatch System in the instance of its Executive Director such seat on the Board shall be vacant until a successor is duly appointed. Northwest Central 9-1-1 System By-Laws 3 5. Members of the System Board shall serve on the Board without salary, but each may be reimbursed for necessary expenses incurred in connection with 9-1-1 System business. C. Meetings 1. Regular meetings of the System Board shall be held in the NWCDS offices six times a year on the third Thursday in January, March, May, July, September and November and scheduled to convene immediately following the regular meeting of the System Board of Northwest central Dispatch System. a) At least five (5) days prior to each such meeting, the Chairman of the Board shall cause an agenda for such meetings to be sent to each of the other Board members. 2. A special meeting of the System Board may be called by its Chairman or by any two members of the Board as follows: a) Two (2) days written notice of special meetings shall be given to each member of the Board in a form, which shall include an agenda specifying the subjects of such special meeting. b) Business conducted at said special meeting shall be limited to those items specified in the agenda. c) Notwithstanding (a) above an emergency meeting may be called without written notice if a majority of the members agree. 3. Unless otherwise specified in these By-Laws, a quorum for the transaction of all business by the Board shall consist of a majority of the System Board members. 4. Except to the extent that these By-Laws or any rules adopted by the System Board impose a stricter requirement, all meetings of the System Board shall comply with the requirements of the Illinois Open Meetings Act 5 ILCS 120/1 et seq. 5. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern the conduct of all meetings of the System Board. Northwest Central 9-1-1 System By-Laws 4 D. Officers of the System Board Officers of the Board of Directors shall consist of a Chairman, a Vice Chairman, a Secretary and a Treasurer. The Chairman and Vice Chairman shall be elected each year from among the membership of the Board at the March meeting. The Treasurer, who shall be the Finance Director of one of the member municipalities, shall be appointed by the System Board. The NWCDS Executive Director may serve as Secretary if another person is not so appointed by the Board of Directors. The Chairman and Vice Chairman shall hold office for a term of one year and the Treasurer shall hold office for a term of four years. The Chairman and the Vice Chairman may be re-elected for successive terms. Newly elected officers shall assume their office in May. 1. Chairman The Chairman shall: a) Conduct meetings of the System Board. b) Sign or co-sign with the Treasurer any instruments, which the System Board has authorized to be executed. c) Perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Board from time to time provided that such other duties are consistent with these By-Laws, the Agreement and applicable laws, including the applicable Rules and Regulations of the Illinois Commerce Commission. 2. Vice Chairman In the event of the absence of the Chairman, or in the event of the Chairman's inability or refusal to act, the Vice-Chairman shall perform the duties of Chairman until such time as the Chairman again undertakes to perform the duties of his office. 3. Secretary The Secretary shall: a) Keep the minutes of the 9-1-1 System Board; b) See that all notices are duly made, given and/or published in Northwest Central 9-1-1 System By-Laws 5 accordance with the provision of these By-Laws or as required by law; c) Act as custodian of the records of the 9-1-1 System; d) Perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the System Board. 4. Treasurer In accordance with 50 ILCS 750j15.4(c) the Treasurer shall at all times be the actual treasurer of one of the 9-1-1 System member units of local government. The Treasurer shall: a) Receive and act as custodian and be responsible for all funds generated through a surcharge on telephone in-service network connections, as well as any other funds generated in support of the 9-1-1 System. b) Dispense funds from the Emergency Telephone System Fund in accordance with Illinois law and these By-Laws. c) In general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the System Board. d) The Treasurer shall give bond in the amount of $1,000,000 for the faithful discharge of his duties, with such surety or sureties as the Board shall determine. The bond premium shall be paid by the System. e) The Treasurer is not a Director and shall have no vote on the System Board or be entitled to any compensation for services rendered as Treasurer. Northwest Central 9-1-1 System By-Laws 6 ARTICLE IV EMERGENCY TELEPHONE SYSTEM FUND A. There shall be created an Emergency Telephone System Fund (hereafter the "Fund") into which all monies received by the System, including those received pursuant to a 9-1-1 surcharge shall be deposited. B. The System Treasurer shall be custodian of the Fund. C. All interest accruing on the Fund shall remain in the Fund. D. No expenditures may be made from the Fund except pursuant to Resolutions approved from time to time by a majority of the Board. Any Resolution of the Board, which approves an annual budget, shall be deemed an approval of the expenditure of the funds required to pay the amounts specified in the budget. E. Expenditures may be made only to pay for the costs associated with the following as set forth in 50 ILCS 750j15.4(c): 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, maintenance, and repair 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 Northwest Central 9-1-1 System Primary Public Safety Answering Point (PSAP). Costs attributable directly to Northwest Central 9-1-1 System By-Laws 7 the operation of the 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. ARTICLE V FISCAL YEAR/BUDGET/PURCHASES/CONTRACTS A. Fiscal Year The fiscal year of the Northwest Central 9-1-1 System shall commence on May 1st and end on April 30th. B. Budget 1. The Secretary shall prepare a proposed budget for the succeeding fiscal year and distribute it to the System Board. 2. The Board shall review, modify and/or approve a final budget at its January meeting each year. 3. A complete copy of the approved final budget shall be furnished within 45 days to each Board member. 4. After approval of the annual budget by the System Board, all expenditures shall be made in accordance with the budget. a) The Executive Director of the Northwest Central Dispatch System is hereby granted authority to administer the 9-1-1 budget on behalf of the System Board. b) Said Director shall have the authority to transfer contingency funds within the total budget amount in order to meet unanticipated needs of the System or to meet changed situations. c) Such action of the NWCDS Executive Director shall be reported to the System Board as a supplement to the Director's bi-monthly report. Northwest Central 9-1-1 System By-Laws 8 C. Purchases/Contract Letting Purchases and/or letting contracts shall be in accordance with applicable law and procedural guidelines established by Resolution of the System Board. The System Board may enter into a contractual agreement with the Northwest Central Dispatch System for the on-going operations of the 9- 1-1 Emergency Telephone System and make appropriate arrangements for the reimbursement of allowable costs incurred by NWCDS on behalf of the 9-1-1 System. ARTICLE VI AUDIT A. Within six months after the end of each fiscal year, the System Board shall cause an annual audit of the financial affairs of the Northwest Central 9-1- 1 System, to be prepared by a Certified Public Accountant in accordance with generally accepted auditing principles. B. An original copy of the annual audit report shall be delivered to the Director of Finance of each member municipality, and filed with other public officers in accord with applicable laws. ARTICLE VII WITHDRAWAL TERMINATION AND DISSOLUTION A. Any member municipality may withdraw from the Northwest Central 9-1-1 System subject to the provisions of this Article. 1. Such withdrawing member shall give written notice of withdrawal in the form of a certified copy of an Ordinance passed by its corporate authorities, which must be delivered to the 9-1-1 System's Headquarters (currently located at 1975 E. Davis Street, Arlington Heights, Illinois, 60005) The written notice of withdrawal shall be deemed received when the written notice is actually received by the 9-1-1 System, either personal delivery or by United States certified mail - return receipt requested. Any other means of delivery other than personal delivery or United States certified mail Northwest Central 9-1-1 System By-Laws 9 - return receipt requested deemed a nullity and not received by the 9-1-1 System. 2. Withdrawal must be in compliance with all applicable rules or requirements of Illinois law, the Illinois Commerce Commission and these By-Laws. 3. A withdrawing member must make appropriate notice, as established by the System Board, to the media and to all mutual aid responders of the change in the emergency call handling agreements. 4. Refusal or declination of any member municipality to be bound by any obligation of the Northwest Central 9-1-1 System or its System Board shall also constitute notice of withdrawal. 5. The withdrawing member shall forfeit any and all interest, right and title to Northwest Central 9-1-1 System property, real, personal or mixed. 6. The withdrawing member shall be liable for all costs incurred by Northwest Central 9-1-1 System as a result of the member's separation and withdrawal. This may include, but is not necessarily limited to, legal fees, court costs and interest on late payment of obligations. B. Upon any such notice of withdrawal: 1. Withdrawal shall not take effect for a period of one (1) year from the date of written notification. 2. After notice of withdrawal and after the effective date of withdrawal, the withdrawing member shall continue to be responsible for: a) One hundred (100%) percent of its pro rata share of any current unpaid obligations to the effective date of withdrawal; b) One hundred (100%) percent of its pro rata share of any contractual or lease obligations of the Northwest Central 9- 1-1 System which were incurred during the period the municipality was a member or which were assumed during its membership; Northwest Central 9-1-1 System By-Laws 10 c) For any contractual obligations it has separately entered into with or on behalf of the Northwest Central 9-1-1 System. d) The term "pro rata share" as used in Article VII of the 9-1-1 System By-Laws, shall mean a percentage of all the 9-1-1 System's costs, which costs include but are not limited to those costs identified in B.2.a) and B.2.b) set out above. The percentage shall be computed by determining the total telephone access lines of the Northwest Central 9-1-1 System, and dividing said sum into the total telephone access lines of the withdrawing member for the last complete calendar month preceding the withdrawing member's effective date of withdrawal. C. Upon the unanimous action of all members of the Agreement, and in compliance with any applicable Illinois law, the rules and regulations of the Illinois Commerce Commission, the Cooperation Agreement and the 9- 1-1 System's By-Laws, the Northwest Central 9-1-1 System shall be terminated and dissolved. 1. Upon such termination and dissolution, (and after payment of all debts) all individual files and documentation shall be distributed to the appropriate municipality without charge or offset. 2. The remaining assets or liabilities of the Northwest Central 9-1-1 System shall be distributed among the municipalities which had participated in the System within the one (1) year prior to such mandatory dissolution, in proportion to the mean average of municipalities' regular and special assessment payments for the preceding three (3) fiscal years, (or fraction thereof if any particular member shall not have belonged for a full three years), bears to the total of such payments for the preceding three (3) fiscal years, or fraction thereof as provided above. ARTICLE VIII INDEMNIFICATION A. Each member which is subject to a claim, of any nature, which arises as a consequence of the acts or omissions of such member's personnel in Northwest Central 9-1-1 System By-Laws 11 responding to, or providing emergency services pursuant to a dispatch via the System (hereinafter "Claim") shall, at such member's sole expense, indemnify and save free and harmless any other member, and its officers, employees and agents from any cost, expense attorney fees, judgment or liability of any nature when any other member is/are subject to the same Claim solely as a consequence of such other member being a member of this 9-1-1 System. Additionally, in the event the 9-1-1 System and/or its Directors, officers, employees and agents are subject to a Claim of any nature which arises as a consequence of the acts or omissions of member's personnel in responding to or providing emergency services pursuant to a dispatch by the 9-1-1 System such member shall at its sole expense, indemnify and save free and harmless from any cost, expense, attorney fees, judgments or liability of any nature the System and/or its offices, Directors, employees and agents unless it is determined that the officers, Directors, employees and/or agents of the 9-1-1 System acted in a willful and wanton manner in connection with dispatching the personnel of the member. B. In the event that any member municipality should file suit or an action against the 9-1-1 System, all representatives of that member shall be prohibited from attending any meetings or discussions or having access to the results of such meetings related to the defense of the suit or action. The member's representatives shall have no direct access to any written communication concerning the matter except by legal process; and no representative of the member shall be allowed to vote on any issue related to the suit or action. ARTICLE IX PROPERTY All property acquired by the 9-1-1 System shall be owned by it for and on behalf of its members whose interest therein shall be in shares proportionate to its surcharge contributions, unless provided otherwise by written agreement of the members. Northwest Central 9-1-1 System By-Laws 12 ARTICLE X AMENDMENT TO THE BY-LAWS A. Amendment to these By-laws may be proposed by any member of the System Board. B. The proposed amendment shall be submitted to the System Board at least thirty (30) days prior to the meeting of the Board at which such amendment is to be considered. C. A three/fourths (3/4) vote of the Board shall be required to adopt any amendment to the By-Laws. D. No amendment shall be in conflict with the Cooperation Agreement, the laws of the State of Illinois, or the applicable Rules and Regulations of the Illinois Commerce Commission. ARTICLE XI EFFECTIVE DATE These By-Laws shall go into effect immediately upon approval by the System Board. Northwest Central 9-1-1 System By-Laws 13 Exhibit A - Memorandum of Agreement - NWC911 1. Upon the date when all participants have approved and signed the revised Northwest Central 9-1-1 System I ntergovern mental Agreement, Inverness will be considered a non-voting member of the system, and will be permitted to participate in all activities and deliberations of the system. Inverness will be granted voting rights when 9-1-1 operations for Inverness are officially transferred to the NWC911 System and monthly surcharge collections (wireless, VolP etc.) and system operational contributions are remitted directly to the Northwest Central 9-1-1 System. At that time, Inverness will have one seat and one vote on the NWC911 System Board (ETSB) (which is composed of the Village Managers or Administrators/City Administrators of the member municipalities). 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 Voice over IP providers in the case of Vol P collections and by I nverness in the case of local exchange access lines to the Northwest Central office. 3. Northwest Central will deposit the net amount remitted by Inverness 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 Inverness will maintain parity in the portion of its contribution, which is allocated to 9-1-1 system operations. In June 2009, each member municipality is projected to contribute .43 of their monthly surcharge collection or the difference if there is not sufficient collection to a radio system infrastructure replacement fund. Inverness would be responsible for contributing .72 to the NWC911 System (.29 to operations and .43 to the radio system infrastructure replacement fund) at that time. " 4. The Northwest Central 9-1-1 System will pay all expenses related to the provisioning of Enhanced 9-1-1 service for Inverness 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. Inverness 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 Inverness into the Northwest Central 9-1-1 System. Inverness agrees to pay such expenses to the Northwest Central 9-1-1 System within 30 days after receipt of an invoice from the Northwest Central 9-1-1 System. The total combined one-time transitional expense for Inverness for system modifications is included in the aggregate found in item number 4 of the NWCDS Memorandum of Agreement. 6. Inverness agrees to be obligated for its proportionate share of the debts and liabilities outside of normal operating expenses, which may be incu rred 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 Inverness's share of the total number of access lines in the 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 fu nds may be expended for any lawful 9-1-1 related expenses as Inverness directs. Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF FINANCE MAY 29, 2008 2008 BUDGET AMENDMENT NO.1 PURPOSE: Present a recommendation that the annual budget be amended for fiscal year beginning Janu December 31,2008. BACKGROUND: Ordinance 5672, adopted December 18, 2007, established the annual budget for the year ending Dece DISCUSSION: In order to better manage the annual budget, the Village has taken to preparing budget amendments in early Spring and late Fall to account for material variations in revenue and expenditure line items. Many times this is as a result of fluctuations in the economy affecting revenues (either positively or negatively), extraordinary or unanticipated charges for expenditures or the timing of projects causing work to occur in different fiscal periods. A proposed ordinance amending the 2008 Annual Budget is attached for the Board's consideration. In total, we are decreasing our revenue projections by $699,550 and increasing the budget for expenditures by $3,159,190. Amendments to revenues include reductions in the home rule and state portion sales tax as well as investment income. The economic slowdown has negatively impacted overall retail sales in the Village and the return on invested funds have fallen as the Federal Reserve continues to lower short-term interest rates. Increases to certain revenue items resulted from changes in internal charges between individual Funds. There are four significant expenditure amendments related to capital projects for infrastructure improvements and vehicles and equipment. Infrastructure projects utilizing carryover funds include $543,500 for Downtown Streetscape Improvements and $373,800 for Street Resurfacing. A carryover for the purchase of an emergency generator totaling $442,200 and replacement PW vehicles totaling $277,500 account for the other two significant expenditure amendments. The balance of the amendments to expenditures is either carryovers from the prior year or adjustments to the current year's budget amount. RECOMMENDATION: It is recommended the Village Board adopt the proposed ordinance amending the 2008 Annual Budget. d~t?ft ~ DAVID O. ERB DIRECTOR OF FINANCE Copy: Finance Commission Department Directors F 1:\Budget 2008\Amendments\Board Memo Amendment #1 - June 200B.doc ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1,2008 AND ENDING DECEMBER 31, 2008 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the _ day of ,2008 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the _ day of , 2008. ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1,2008 AND ENDING DECEMBER 31, 2008 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. 2342 which sets the finances of the Village under the "Budget Officer System"; and WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual budget for the fiscal year commencing January 1, 2008 and ending December 31, 2008 was adopted through the passage of Ordinance No. 5672 approved by the Corporate Authorities of the Village of Mount Prospect on December 18, 2007; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning January 1, 2008 and ending December 31,2008; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the changes, as specified on the attached January 1, 2008 through December 31,2008 Budget Amendment No.1 to be in the best interest of the Village of Mount Prospect; and WHEREAS, the Village has now revised the revenue projections or has reserves in each of the Funds in which the budget is being increased adequate in amount to cover the budget changes reflected in Budget Amendment No.1, attached hereto. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the fiscal year budget for January 1, 2008 through December 31, 2008 for the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 1 attached hereto. SECTION TWO: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: NA YES: ABSENT: PASSED and APPROVED this _ day of ,2008. Irvana K. Wilks Mayor ATTEST M. Lisa Angell Village Clerk VILLAGE OF MOUNT PROSPECT Budget Amendment No.1 Fiscal Year January 1, 2008 through December 31,2008 Revenues Original Amended Revenue Increase Revenue Fund/Program/Classification Account # Account Description Estimate (Decrease) Estimate General Fund (001) Other Taxes 410150 Home Rule Sales Tax - 3rd 1,326,000 (46,000) 1,280,000 Intergovernmental Revenues 430000 State Sales Tax 9,027,000 (357,000) 8,670,000 Investment Income 460100 Interest Income 300,000 (191,000) 109,000 10,653,000 (594,000) 10,059,000 All other General Fund accounts 29,318,831 0 29,318,831 Total General Fund 39,971,831 (594,000) 39,377,831 IEPA Flood Control Loans 8&1 Fund (380) Other Taxes 410100 Home Rule Sales Tax - 1st 378,288 (46,000) 332,288 378,288 (46,000) 332,288 All other IEPA Flood Control Loans B&I Fund accounts 0 0 0 TotallEPA Flood Control Loans Fund 378,288 (46,000) 332,288 Capital Improvement Fund (510) Other Taxes 410250 Home Rule Sales Tax - 4th 1,226,000 (46,000) 1,180,000 1,226,000 (46,000) 1,180,000 All other Capital Improvement Fund accounts 258,800 0 258,800 Total Capital Improvement Fund 1,484,800 (46,000) 1,438,800 Street Improvement Construction Fund (560) Other Taxes 410200 Home Rule Sales Tax - 2nd 1,326,000 (46,000) 1,280,000 1,326,000 (46,000) 1,280,000 All other Street Improvement Construction Fund accounts 413,500 0 413,500 Total Street Improvement Construction Fund 1,739,500 (46,000) 1,693,500 Computer Replacement Fund (680) Charges for Service 443200 Water Fund Chgs - General 8,300 4,899 13,199 8,300 4,899 13,199 All other Computer Replacement Fund accounts 183,500 0 183,500 Total Computer Replacement Fund 191,800 4,899 196,699 Risk Management Fund (690) Charges for Service 443100 General Fund Chg - General 830,131 3,001 833,132 Charges for Service 443600 General Fund Chg - Medical 3,564,348 22,800 3,587,148 Charges for Service 443700 Water Fund Chg - Medical 303,052 1,750 304,802 4,697,531 27,551 4,725,082 All other Risk Management Fund accounts 2,023,189 0 2,023,189 Total Risk Management Fund 6,720,720 27,551 6,748,271 Total Estimated Revenues Funds being changed 50,486,939 (699,550) 49,787,389 All other Village Budget accounts 38,574,716 0 38,574,716 Total Estimated Revenues After Changes 89,061,655 (699,550) 88,362,105 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2008 through December 31,2008 Expenditures Current Amended Budget Increase Budget F u nd/Program/Classification Account # Account Description Amount (Decrease) Amount General Fund Personnel Services Other Employee Costs 0011103-520700 Medical Examinations 6,800 2,250 9,050 Public Information Contractual Services 0011105-540110 Other Professional Services 12,000 26,525 38,525 Contractual Services 0011105-540210 Printing Expense 55,000 5,200 60,200 Contractual Services 0011105-540215 Postage 23,000 2,900 25,900 Clerk's Office Contractual Services 0011402-540075 Recording Expense 2,185 1,000 3,185 CD-Planning & Zoning Other Employee Costs 0012102-520000 Training 4,562 2,500 7,062 CD-Economic Development Contractual Services 0012103-540247 Economic Development Program 39,000 10,300 49,300 CD-Building Inspections Other Employee Costs 0012105-520000 Training 10,625 2,600 13,225 CD-Housing Inspections Other Employee Costs 0012106-520000 Training 4,200 700 4,900 Contractual Services 0012106-540105 Technical Services 4,000 14,300 18,300 Office Equipment 0012106-650003 Computer Equipment - New 9,000 13,000 22,000 CD - Health Inspections Employee Benefits 0012107-510600 Medical Insurance 12,850 3,000 15,850 Human Services-Administration Commodities & Supplies 0013101-570070 Office Supplies 1,800 500 2,300 Human Services-Social Services Commodities & Supplies 0013102-570085 Cholesterol Screening 1,000 1,500 2,500 Human Services-Nursing Commodities & Supplies 0013103-570210 Cholesterol Screening 2,250 500 2,750 Police-Administration Contractual Services 0014101-540170 Employment Testing 59,000 5,000 64,000 Fire-Operations Other Employee Costs 0014202-520000 Training 30,000 6,900 36,900 Fire-Communications Contractual Services 0014205-540640 Radio Maintenance 6,000 2,800 8,800 Fire-Emergency Preparedness Commodities & Supplies 0014207-570065 Other Equipment 3,600 1 .400 5,000 PW-Admin Other Employee Costs 0015001-520600 Uniform Expense 14,039 3,650 17,689 Contractual Services 0015001-540120 Aerial Photogrammetry 0 5,935 5,935 Contractual Services 0015001-540611 Hansen Migration 0 3,800 3,800 PW-Streets Contractual Services 0015102-540475 Reseal Floor 21,836 13,200 35,036 Infrastructure 0015104-690004 Sidewalk Cost Share Program 125,000 14,866 139,866 Commodities & Supplies 0015105-670060 Salt Spreader Replacement 2,970 2,800 5,770 PW-Forestry Contractual Services 0015202-540225 Other Services 4,6.30 3,124 7,754 Contractual Services 0015202-540645 RR Station Retaining Wall 6,050 1,100 7,150 Contractual Services 0015202-540685 Grounds Maintenance 73,000 12,000 85,000 Contractual Services 0015202-540691 Streetscape Corridor Maintenance 67,000 4,200 71,200 Other Equipment 0015202-670026 Expand Sprinkler Systems 20,600 2,640 23,240 Contractual Services 0015203-540715 Tree Replacement 83,225 29,000 112,225 Contractual Services 0015203-540945 Computer software 16,000 3,100 19,100 Community & Civic Services Contractual Services 0016104-540962 White Light Installation 48,390 5,400 53,790 769,612 207,690 977,302 All other General Fund Accounts 39,202,219 0 39,202,219 Total General Fund 39,971,831 207,690 40,179,521 2 VILLAGE OF MOUNT PROSPECT Budget Amendment No.1 Fiscal Year January 1, 2008 through December 31, 2008 Expenditures Current Amended Budget Increase Budget Fund/Program/Classification Account # Account Description Amount (Decrease) Amount Motor Fuel Tax Fund Traffic Control-Street Lighting Contractual Services 0505405-540660 Traffic Light Maintenance 86,870 25,000 111,870 Street Improvement Projects Infrastructure 0507706-690005 Street Light Improvements 0 34,700 34,700 86,870 59,700 146,570 All other Motor Fuel Tax Fund Accounts 1,690,432 0 1,690,432 Total Motor Fuel Tax Fund 1,777,302 59,700 1,837,002 Community Development Block Grant Fund CDBG Residential Rehab Infrastructure 0702307-690033 Algonquin Road District Imp. 25,000 25,000 50,000 25,000 25,000 50,000 All other CDBG Accounts 721,976 0 721,976 Total CDBG Fund 746,976 25,000 771,976 Capital Improvement Fund Village Improvements and Equipment Building Improvements 5107701-640001 Other Public Buildings 107,500 18,700 126,200 Building Improvements 5107701-640040 Wireless Connectivity 0 150,000 150,000 Community Improvement Projects Land Improvements 5107702-620008 Corridor Improvements 0 50,000 50,000 Infrastructure 5107702-690005 Residential Street Lights 30,000 10,000 40,000 137,500 228,700 366,200 All other Capital Improvement Fund Accounts 1,288,375 0 1,288,375 Total Capital Improvement Fund 1,425,875 228,700 1,654,575 Downtown Redevelopment Construction Infrastructure 5507703-690059 DIT Streetscape Program 1,000,000 543,500 1,543,500 1,000,000 543,500 1,543,500 All other Downtown Redevelopment Fund Accounts 3,851,450 0 3,851,450 Total Downtown Redevelopment Fund 4,851,450 543,500 5,394,950 Street Improvement Construction Fund Street Improvement Projects Contractual Services 5607706-540115 Traffic Study Improvements 255,000 125,700 380,700 Infrastructure 5607706-690084 Resurfacing - St Imp Const Fund 1,805,000 373,800 2,178,800 Infrastructure 5607706-690103 Parking Lot Improvements 90,000 80,000 170,000 2,150,000 579,500 2,729,500 All other Street Improvement Fund Accounts 210,000 0 210,000 Total Street Improvement Fund 2,360,000 579,500 2,939,500 3 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2008 through December 31, 2008 Expenditures Current Amended Budget Increase Budget Fund/Program/Classification Account # Account Description Amount (Decrease) Amount Water and Sewer Fund Administration Other Employee Costs 6105501-520600 Uniform Expense 16,750 9,800 26,550 Contractual Services 6105501-540611 Hansen IMS V8 Migration 0 3,800 3,800 Water Supply Maintenance and Repair Contractual Services 6105504-540790 DB/P2 Compliance 0 44,000 44,000 Distribution Systems 6105504-680001 Tank Repair/Renovation 500,000 198,000 698,000 Water Distribution Maintenance & Repair Contractual Services 6105505-540050 Control System Programming 20,600 5,900 26,500 Contractual Services 6105505-540700 Parkway Restoration 56,650 4,400 61,050 Contractual Services 6105505-540750 Backflow Prevention Program 68,955 32,500 101,455 Other Equipment 6105505-670041 Video Security Cameras 0 206,000 206,000 Other Equipment 6105505-670301 Emergency Generator/Wells 400,000 442,200 842,200 Other Equipment 6105505-670303 Leak Detection Equipment 0 20,900 20,900 Water Meter Maintenance & Repl. Contractual Services 6105507-540770 Meter Installation 49,500 12,500 62,000 Contractual Services 6105507-540775 Meter Testing & Repair 21,000 5,300 26,300 Sanitary Sewer Maintenance & Repair Contractual Services 6105509-540777 Sewer Repair/Replacement 37,000 24,800 61,800 Contractual Services 6105509-540778 Building Sewer Inspection 21,050 5,200 26,250 Contractual Services 6105509-540779 Sewer Cleaning 39,780 6,100 45,880 Water & Sewer System Improvements Contractual Services 6105510-540777 Combined Sewer Improvements 1,000,000 123,500 1,123,500 Distribution Systems 61 0551 0-680003 Water Mains Replacement 500,000 48,200 548,200 Distribution Systems 6105510-680010 Sewer Repair/Replacement 355,000 23,000 378,000 3,086,285 1,216,100 4,302,385 All Other Water and Sewer Fund Accounts 8,550,208 0 8,550,208 Total Water and Sewer Fund 11,636,493 1,216,100 12,852,593 Vehicle Maintenance Fund Vehicle Maintenance Program Other Equipment 6605702-670064 Fuel Tank Storage Update 0 5,000 5,000 0 5,000 5,000 All other Vehicle Maintenance Fund Accounts 1,568,128 0 1.568,128 Total Vehicle Maintenance Fund 1,568,128 5,000 1,573,128 Vehicle Replacement Fund Motor Equipment Replacement Mobile Equipment 6707709-660115 PW Vehicles 629,900 277,500 907,400 Mobile Equipment 6707709-660124 Village Pool Vehicles 27,000 16,500 43,500 656,900 294,000 950,900 All other Vehicle Replacement Fund Accounts 607,000 0 607,000 Total Vehicle Replacement Fund 1,263,900 294,000 1,557,900 Total Village Budget Funds being changed 65,601,955 3,159,190 68,761,145 All other Village Budget Accounts 21,864,324 0 21,864,324 Total Village Budget after Changes 87,466,279 3,159,190 90,625,469 4 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: DATE: VILLAGE MANAGER MICHAEL E. JANONIS ADMINISTRATIVE SUPERINTENDENT MAY 29, 2008 SUBJECT: RESOLUTION APPROVING CONTRACT FOR COMMERCIAL WASTE SERVICES AND CODE AMENDMENT TO CHAPTER 19 At the May 13 Committee of the Whole the Village Board concurred with staff's recommendation to award a commercial solid waste contract to Allied Waste Services. Attached is a copy of the resolution authorizing the Mayor to enter into an agreement with Allied Waste Services for exclusive commercial solid waste services. In addition is a copy of the ordinance amending Chapter 19 of the Village Code to allow for an exclusive franchise agreement for commercial solid waste services. The amendments to Chapter 19 establish that all nonresidential waste (commercial waste) is only to be collected by the Village's exclusive nonresidential waste hauler. The changes also establish that the exclusive hauler is responsible for billing all commercial properties, but does allow for the Village to assist in bill collection by placing liens or shutting off water to a property. All other details concerning commercial waste collection are defined in the Commercial Solid Waste contract and summarized in the attached copy of my May 7, 2008 memo. Please include the resolution and code amendment on the June 3, 2008 Village Board agenda. ....) ? ..' ,/ ,....z-.r .-''/-' ~...........~..-.. . ..... . ~j:.t'Y;~-_."" ,/ . .r,...... / r/ e:;. I ..;/(AX-~....-?f //. Jason H. Leib // ~.# Mount Prospe<:t Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ADMINISTRATIVE SUPERINTENDENT DATE: MAY 7,2008 SUBJECT: COMMERCIAL SOLID WASTE PROPOSAL RECOMMENDATION Backaround At a previous Committee of the Whole meeting Village staff presented the details of the Village's proposed commercial solid waste bid specifications. At that time staff received permission to negotiate directly with ARC Disposal (ARC), the Village's current exclusive residential waste hauler, for a commercial solid waste contract. After several months of negotiations the Village and ARC were unsuccessful in reaching an agreement for commercial solid waste services. The decision was made to mail out a request for proposal (RFP) to local waste haulers for these services. On March 25, 2008 specifications were mailed to eight local solid waste haulers with the RFP being due by April 17, 2008. Proposal The Village received seven proposals from: Allied Waste, ARC Disposal, Flood Brothers, Groot Recycling & Waste Services, Lakeshore Waste Services, Veolia and Waste Management. Village staff with the assistance of Brooke Beal, the Executive Director of the Solid Waste Agency of Northern Cook County (SWANCC), reviewed all of the proposals. After reviewing all of the numbers in great detail and the other incentives offered by the haulers Village staff, with the endorsement of Brooke Beal, finds the proposal of Allied Waste to be in the best interest of the Village. Discussion The current status of negotiations prevents the public discussion of the specific numbers in Allied's proposal, but it is pOSSible to discuss the basics of the proposal. The numbers that Allied submitted are fair and are significantly lower than the best proposals recently received by the City of Evanston and the Village of Niles for commercial solid waste services. In addition Allied has agreed to a flat annual increase, which will protect the Village from rising fuel costs and any potential labor cost increase Page 2 of 3 Commercial Solid Waste Proposal Recommendation May 7, 2008 when new union contracts are negotiated. Another item that makes Allied's proposal interesting and significantly different than the other proposals is the inclusion of free recycling for all businesses. Allied has agreed to include once a week collection for any size container (95 gallon cart to a ten cubic yard dumpster) for all commercial properties at no cost. Potentially this represents a significant cost savings for businesses that actively recycle. A business that recycles should be able to reduce their waste collection by one dumpster size. For example a business receiving service three times a week for a six cubic yard dumpster would be able to reduce collection to a four cubic yard dumpster three times a week or a six cubic yard dumpster twice a week. Once a commercial solid waste contract is awarded all commercial properties will be contacted and informed of the schedule for the change out of the property's dumpster(s). The Village currently has two plans for the switching of dumpsters. The first of the two ideas is to replace the dumpsters by geographic location. This would require the town to be broken into geographic regions with each region being scheduled a specific date for replacement. The second idea is to switch containers based on the existing waste hauler. Each existing waste hauler would be assigned a specific date for replacement. In terms of both scenarios a decision has not been made as to whether the dumpsters would be collected by the hauler owning the dumpsters or if the Village's exclusive hauler would collect the dumpsters. If the Village's exclusive waste hauler is assigned the task of collecting the dumpsters the dumpsters would be delivered to a centralized location at which point the owners of the dumpsters would then collect the dumpsters. Once a property's dumpsters are changed the Village's exclusive hauler would be responsible for service and billing. The bid specifications require that the exclusive hauler be responsible for directly billing all commercial properties for service. Properties would be billed for collection of commercial waste for the previous quarter. The Village would set the rates charged by the waste hauler. Rates would include the contractor's rate for refuse and recycling services, which includes all tip fees, and any administration fee established by the Village. Commercial properties would be phased into the billing and service schedule as dumpsters are switched. The bid specifications require that all commercial properties begin receiving service under the contract within one (1) year of the commencement of the commercial solid waste agreement. This does not prevent the exclusive hauler from changing out dumpsters on a more aggressive schedule. The only properties that would be exempt from the commercial solid waste contract would be properties that are part of a national contract for the collection of commercial waste. Past experiences of SWANCC communities implementing exclusive commercial waste collection contracts suggest that the current rates paid by national contracts will be lower than the rates offered by the Village's exclusive contract. Page 3 of 3 Commercial Solid Waste Proposal Recommendation May 7, 2008 In a majority of cases the rates outlined in the exclusive commercial waste agreement will be lower than the rate properties are currently paying. However, in a few cases the rate properties are currently paying will be less than the rates outlined on the Village's exclusive agreement. The grandfather clause as currently written in the bid specifications would allow properties with lower rates to continue paying the lower rate for a full year. Beginning in the second year of the contract grandfathered properties would see set percentage increases that would bring the properties inline with contract rates by the beginning of year four (4) of the contract. Recommendation As previously stated staff and Brooke Beal are recommending the approval of Allied Waste's proposal for commercial solid waste services. If the Village Board agrees staff will draft a new ordinance establishing exclusive commercial solid waste permit and contract for Allied Waste for formal approval at the June 3, 2008 Village Board meeting. Jason H. Leib Cc: Glen R. Andler, Director of Public Works Sean P. Dorsey, Deputy Director of Public Works ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 AND APPENDIX A, DIVISION II OF THE MOUNT PROSPECT VILLAGE CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: Section 1: Section 19.202, "Regulations with Respect to Customers of Solid Waste Collection Services", of Article 2, Solid Waste Collection, of Chapter 19, Health Regulations, of the Mount Prospect Village Code is amended by deleting Subsection B in its entirety and replacing it with the following: B. Nonresidential Consumers: All solid waste collection for nonresidential property within the corporate limits of the village shall be made, in every instance, by the exclusive solid waste nonresidential contractor servicing the village as set forth in a current nonresidential consumer (commercial) solid waste contract ("exclusive nonresidential franchisee"), except to the extent that any such contract exempts nonresidential consumers receiving such service under a nation-wide solid waste collection contract. 2. Every nonresidential consumer within the corporate limits of the village shall be billed by the exclusive nonresidential franchisee for, and shall be required to use the services of, the exclusive nonresidential franchisee. 3. Collection and disposal of solid waste shall be accomplished in a prompt and sanitary manner through the use of approved receptacles furnished by the licensed solid waste contractor. The village manager may promulgate such additional rules as may be advisable for such collection and disposal, and to provide a transition period for users to begin service with any new, exclusive nonresidential franchisee. 4. Such nonresidential solid waste collection shall be performed at least once each seven (7) days unless interrupted by a legal holiday. 5. The fees and method of payment for the collection and disposal of solid waste are set forth below: a. Amount of Payment: All nonresidential solid waste collection charges shall be due and payable to the exclusive nonresidential franchisee in the amounts set forth in appendix A, division II of this code. b. Payment Process: iManage:213727 _1 (1) The exclusive nonresidential franchisee shall perform on a quarterly basis, or an alternative schedule approved by the Village, the billing and collection of all rates and charges on behalf of the Village. (2) The exclusive nonresidential franchisee shall account separately for all amounts received and remit an administrative fee to the Village in the amount set forth in appendix A, division II of this code. (3) Late charges shall be assessed as set forth in appendix A, division II of this code, and retained by the exclusive nonresidential franchisee. (4) If payment is made sixty (60) days or more after the due date, the property owner, tenant, occupant or manager will be required to remit a deposit equal to two (2) months of the service, in addition to the balance due and all late charges. (5) For purpose of this section, the person to whom the last general tax bill on the property was sent shall be presumed to be responsible for the bill. The exclusive nonresidential franchisee may send statements to, and enforce collections from, property users other than the property owner. g. Lien Against the Property: A lien may be placed against the property for nonpayment as provided in Subsection A.12.c of this Section. h. Other Remedies for Nonpayment: The additional remedies set forth in Subsection A.12.c of this Section may be utilized for nonpayment. Section 2: Section 19.203: "Regulations With Respect To Providers Of Solid Waste Collection Services", of Article 2, Solid Waste Collection, of Chapter 19, Health Regulations, of the Mount Prospect Village Code is amended by deleting Sub-subsection A2 in its entirety and replacing it with the following: 2. Solid Waste Collection For Other Than Residential Service; Exclusive Franchise License: There shall be issued in the village no more than one solid waste contractor license for the collection of solid waste for any and all nonresidential consumers located within the corporate limits of the village, except that such a license may be issued to solid waste collectors having nation-wide contracts for such services. The exclusive nonresidential franchisee shall furnish all labor, materials and equipment for the removal of solid waste in regular weekly collections, as set forth in the current nonresidential consumer solid waste contract. The annual fee to be paid by the exclusive residential franchisee shall be as set forth in appendix A, iManage:213727 _1 division " of this code or as otherwise provided in the exclusive franchise contract. Section 3: Appendix A, Division" of the Mount Prospect Village Code shall be amended by inserting the following alphabetically in Section 19.202, Regulations With Respect To Providers Of Solid Waste Collection Services", to be and read as follows: B. 5 a. Waste collection charges with administrative fee: As determined by the village manager. b.2. Administrative fee: As determined by the village manager. b.3. Late charge of 20% of bill if not paid by due date. Section 4: This Ordinance shall be in full force and affect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE\MP Ord Commercial Solid Wastejune2008.DOC iManage:213727 _1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN EXCLUSIVE CONTRACT FOR COMMERCIAL SOLID WASTE SERVICES IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interests of the Village of Mount Prospect to enter into an agreement with Allied Waste Industries, Inc., for solid waste services to all nonresidential (commercial) consumers within the corporate boundaries of the Village according to the terms of the Agreement attached to and made a part of this Resolution as Exhibit A; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWERS: SECTION ONE: That the Board of Trustees of the Village of Mount Prospect does hereby authorize and direct the Mayor to execute and the Village Clerk to attest the signature on the Agreement between Allied Waste Industries, Inc., and the Village of Mount Prospect for nonresidential (commercial) solid waste services, a copy of which Agreement is attached hereto and hereby made a part thereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2008. Irvana K. Wilks, Mayor M. Lisa Angell, Village Clerk H:\CLKO\WIN\Resolution auth agrmt commercial solid waste contractjune2008.DOC iManage:214145_1