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HomeMy WebLinkAboutRes 30-97 05/06/1997 caf 4/18/97 RESOLUTION NO. 30-97 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 entering 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, NVVCDS has proven successful in providing emergency communication services to the Village of Mount Prospect Police and Fire Departments; and WHEREAS, the Village of Hoffman Estates and Streamwood have made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the membership requests of Hoffman Estates and Streamwood; and WHEREAS, it is believed that the inclusion of the two additional communities in the system will prove benefi(~ial to both the system and the other members; and WHEREAS, the addition of two members to NWCDS requires approval of an amended Venture Agreement by all members. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That 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 Mayor of the Village of Mount Prospect is authorized to enter into an amended Agreement for Northwest Central Dispatch System (NWCDS) which provides for the addition of the Village of Hoffman Estates and the Village of Streamwood as members of Northwest Central Dispatch System (NWCDS), a copy of said Agreement is attached hereto and hereby made a part hereof 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: Clowes, Hoefert, Lohrstorfer, Necchi, Wilks NAYS: None ABSENT: Corcoran PASSED and APPROVED this 6th day of May ,1997. ATT ST: Mayor Carol A. Fields Village Clerk PACKAGE 2 MEMBERSHIP DOCUMENTS FOR NORTHWEST CENTRAL 9-1-1 -.. (R,viv~2/16/88) NORTHWEST CEN~L 9-1-1 SYSTEM INTERGOV~.P~NMENTAL COOPERATION AGREEMENT TMIS AGIL~EMENT, entered into on the effective date specified hereafter, by and between the local governments signatory hereto and also those which may hereafter become signatory: 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 ~0.0! et seq. of the Tllino~s 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 WHEREAS, Chapter 127, Section 741 of the Illinois Revised Stn%ute~ provides for the Joint exercise by ~wo or more local governments of a.ny power common to them: FOLLOWS: 1. Vent~=~ Rstnbli~hed. Purcuant to the Joint powers authorization of Chapter 127 and of Chapter 134 Section 30.01 et seq. of the Illinois Revised Statutes, the undersigned hereby federate together in a cooperative venture for the j.oint and mutual operation of a 9-1-1 emergency telephone system, to be known as No~hhwest Central 9-1-1 System consisting of all local governments which may hereafter become signatory. 2. Joint..~mer~enc¥ TeleDhone....~¥ztem Roard. There is hereby es=ablished a Join= Emergency Telephone System Board which shall consist of the Village Manager of Arlington Heights, The Villhge. Manager of Buffalo Grove, the Village Manager of Elk Grove Village, the Village Manager of Mount Prospect and the Director of Northwest Central Dispatch System. Each subsequent participating municipality in the Northwest Central 9- 1-1 System shall be entitled.to one member on =~e Join= Emergency Telephone System Board. Designation of the new participating municipalities board member shall be be specified by the participsnt's enabling ordinance. 1 3. .~v-Lnw.s. Northwest Central 9-1-1 System shall be subject to and shall be governed by certain By-Laws ' ' which shall be adopted by the Joint Emergency Telephone System Board together with any amendments which may be. made in the manner and means provided. 4. pnrticiDati,o~. Each participatin~ municipality in the Northwest Central 9-1-1 System, and each municipality which may hereafter become a participant is a member and is entitled to the right= 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 withdrnw from participation in the manner and means set forth in the By-Laws. ~owor~ of the Board. Tho powers 'and duties of the Emergency Telephone System Board created by this Agreement shall include, but not be limited to the following: A. Planning a 9-1-1 emergency telephone system. B. Coordinating and supervising the implementation, upgrading, maintenance and operation of the system including the establishment of equipment specifications and coding systoms. C. Receiving monies from tho surcharge impomed 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 ~taff 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. Amendment. This Agreement may not be amended, ~xcept . by written agreement and resolution of all the then current parties thereto. .Duration. This Agreement shall continue in effect until rescinded by unanimous consent of the current parties or until terminated in the manner provided in the By-Laws. 9. ~nforc~ment. 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 tho Court. 10. Authorization. Prio~ 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. ~ffective 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 Eli{ Grove Village and the Village of Mount Prospect. IN ~ITNESS ~.~[ER~OF, the undersigned municipalities have set their signatures on the dateu set forth below. This document may be signed in duplicate originals. VILLAGE OF ARLINGTON HEIGHTS DATE: VILLAGE OF BUFFALO ~ROVE. BY" / 'r', .... ' i .' .~-''"~. ~ ATTEST ~ NORTHWEST CENTRAL 9-1-1 ~,, STEM 1975 EAST DAVIS STREET ARLINGTON HEIGHTS, ILLINOIS 60005 708-398-1130 FAX 708-398-2498 SERVING: ARLINGTON H EIGHTS / BUFFALO GROVE I ELK GROVE VILLAGE ! MT. PROSPECT I PALATINE / PROSPECT H EIGHTS FIRE BY-LAWS FOR THE NORTHWEST CENTRAL 9-1-1 SYSTEM APPROVED AND ADOPTED BY THE BOARD OF DIRECTORS DECEMBER 14, 1989 AMENDED - JANUARY 16, 1992 2 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. obligate itself for its proportionate share of the existing debts and liabilities of the 9-1-1 System. 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 and the Executive Director of the Northwest Central Dispatch System. 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 45.3 of the Emergency Telephone System Act of the Illinois Revised Statutes and from any other source, for deposit into the Emergency Telephone System Fund; 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 implementation, operation or upgrade of the System; 6. Making and entering into contracts; 7. Acquiring, holding and disposing of property; 4 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. D. Officers of the System Board Officers of the System Board shall consist of a Chairman, a Secretary and a Treasurer. The Chairman shall be elected from among the membership of the Board and the Treasurer, who shall be a Treasurer of one of the member municipalities, shall be appointed by the Board of Directors. The Chairman shall serve a term of one year and the Treasurer shall serve a term of four years. The Chairmanship shall be rotated among the member communities on an alphabetical community name basis. (Amended 01/16/92). The ~ecretary may be the Executive Director of the Northwest Central Dispatch System unless another person is so appointed by. the System Board. 1. Chairman The Chairman shall: a) Conduct the 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. e) The Treasurer is not a Director and shall have no vote on the Board of Directors nor be entitled to any compensation for services rendered as Treasurer. 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: 1. The design of the Emergency Telephone System. 2. The coding of an initial Master Street Address Guide data base, 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 c) Such action of the NWCDS Executive Director shall be reported to the System Board as a supplement to the Director's monthly report. C. Purchases/Contract Letting Purchases and/or letting contracts shall be in accordance with applicable law andprocedural guidelines established by Resolution of the System Board. D. 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 annua~ 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. At any time after-January 1, 1992, any member municipality may withdraw from the Northwest Central 9- 1-1 System subject to the provisions of this Article. c) For any contractual obligations it has separately entered into with or on behalf of the Northwest Central 9-1-1 System. C. Upon the unanimous action of all members of the Agreement, and in compliance with any applicable Illinois Commerce Commission requirements, the Venture Agreement and 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 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 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 ARTICLE XI EFFECTIVE DATE These By-Laws shall go into effect immediately upon approval by the System Board. 02/03/S EXHIBIT A NORTHWEST CEITTI~L 9-~-2 SYSTEM I~IEi~OI~NDUI~OF UNDERST~qNDIN~ 1. Upon the date when all participants have formally approved the membership of Hoffman Estates in the Northwest Central 9-1-1 System, Hoffman Estates will be considered to be a non-voting member of the system, and will be permitted to participate in all activities and deliberations of the system. Hoffman Estates will be granted voting rights when 9-1-1 operations for Hoffman Estates are officially transferred to the Northwest Central System and monthly surcharge collections are remitted directly to Northwest Central. Simultaneously, when voting rights are granted, Hoffman Estates will eliminate its own independent Emergency Telephone System Board. The Northwest Central 9-1-1 System will perform all necessary work associated with the preparation and filing of an amended 9-1-1 system plan with the Illinois Commerce Commission. 2. Hoffman Estates will have one seat on the Northwest Central 9-1-1 System Board of Directors (the ETSB). 3. All 9-1-1 surcharge remittances will be made payable to the Northwest Central 9-1-1 System and be sent by the affected local exchange carriers to the Northwest Central office. 4. Northwest Central will deposit the net amount remitted by the local exchange carriers on the basis of the current systemwide surcharge of $.30 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 Hoffman Estates retains its surcharge at a rate higher than $.30 per month, the surplus may be applied to any lawful 9-1-1 related expense as Hoffman Estates directs. Northwest Central will administer those funds as directed by Hoffman Estates. If at a later date the members of the system determine that there is a need to increase the monthly surcharge for general system operating expenses or capital improvements (excluding a trunked radio system) Hoffman 02/03/~ ~ Estates will maintain parity in the portion of its surcharge which is allocated to 9-1-1 system operations and/or capital reserve budgets. 5. The Northwest Central 9-1-1 System will pay all expenses related to the provisioning of Enhanced 9-1-1 service for Hoffman Estates effective with the transfer of 9-1-1 functions to Northwest Central. This includes Ameritech (and other local exchange carriers) service fees, database preparation and maintenance, 9-1-1 premise equipment hardware and software, and adequate backup capability. 6. Hoffman Estates 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 Hoffman Estates into the Northwest Central 9-1-1 System. Hoffman Estates agrees to pay such expenses to the Northwest Central 9-1-1 System on an installment basis, with each installment being paid within 30 days after receipt of an invoice from Northwest Central 9-1-1 System. The total combined one-time transitional expense for both Hoffman Estates and Streamwood for system modifications is expected not to exceed $163,935, although if those actual expenses are higher, Hoffman Estates and Streamwood agree to pay the higher amounts. NWCDS will keep Hoffman Estates and Streamwood fully appraised of the costs involved as those figures are developed with the various contractors. It is expected that all such costs will be billed to the communities during calendar year 1997 on a mutually agreeable schedule to be determined as work on the project progresses. If the actual costs are lower that the estimated costs cited above, the invoices will reflect the actual costs. 7. Hoffman Estates agrees to be obligated for its proportionate share of the debts and liabilities outside of normal operating expenses which may be incurred after the effective date of transfer of 9-1-1 operations to Northwest Central. The proportionate share will be based on Hoffman Estates' share of the total number of access lines in the 9-1-1 system. The Hoffman Estates ETSB may use 9-1-1 surcharge revenue which it has received prior to the transfer of 2 02/03/~ operations to Northwest Central to pay any existing debts and liabilities of its 9-1-1 system. Any balance remaining in its 9-1-1 system account on the date of transfer of operations must be transferred tot he joint Northwest Central 9-1-1 System where such funds will be separately identified and administered by the Northwest Central 9-1-1 System. Those funds may be expended for any lawful 9-1-1 related expense as Hoffman Estates directs. 8. Consideration will be given to using the existing Hoffman Estates communication center as a back-up 9-1-1 PSAP for three or four NWCDS communities. Costs for implementing back-up PSAP capability will be born by the 9-1-1 System unless such improvements would also directly benefit Hoffman Estates public safety operations in which case mutually agreeable cost sharing arrangements will be worked out. 3 02~03/9. EXHIBIT B NORTHWEST CENTRAL 9-1-1 SYSTEM MEMOI~DUMOF UNDERSTANDING 1. Upon the date that all participants have formally approved the membership of Streamwood in the Northwest Central 9-1-1 System, Streamwood will be considered to be a non-voting member of the system, and will be permitted to participate in all activities and deliberations of the system. Streamwood will be granted voting rights when 9-1-1 operations for Streamwood are officially transferred to the Northwest Central System and monthly surcharge collections are remitted directly to Northwest Central. Simultaneously, when voting rights are granted, Streamwood will eliminate its own independent Emergency Telephone System Board. The Northwest Central 9-1-1 System will perform all necessary work associated with the preparation and filing of an amended 9-1-1 system plan with the Illinois Commerce Commission. 2. Streamwood will have one seat on the Northwest Central 9-1-1 System Board of Directors (the ETSB). 3. Ail 9-1-1 surcharge remittances will be made payable to the Northwest Central 9-1-1 System and be sent by the affected local exchange carriers to the Northwest Central office. 4. Northwest Central will deposit the net amount remitted by Ameritech and other local exchange carriers on the basis of the current systemwide surcharge of $.30 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 Streamwood retains its surcharge at a rate higher than $.30 per month, the surplus may be applied to any lawful 9-1-1 related expense as Streamwood directs. Northwest Central will administer those funds as directed by Streamwood. If at a later date the members of the system determine that there is a need to increase the monthly surcharge for general system operating expenses or capital improvements (excluding a trunked radio system) Streamwood will maintain parity in the portion of its 02/03/9, surcharge which is allocated to 9-1-1 system operations and/or capital reserve budgets. 5. The Northwest Central 9-1-1 System will pay all expenses related to the provisioning of Enhanced 9-1-1 service for Streamwood effective with the transfer of 9-1-1 functions to Northwest Central. This includes Ameritech and other local exchange carrier service fees, database preparation and maintenance, 9-1-1 premise equipment hardware and software, and adequate backup capability. 6. Streamwood 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 Streamwood into the Northwest Central 9- 1-1 System. Streamwood agrees to pay such expenses to the Northwest Central 9-1-1 System on an installment basis, with each installment being paid within 30 days after receipt of an invoice from the Northwest Central 9-1-1 System. The total combined one-time transitional expense for both Hoffman Estates and Streamwood for system modifications is expected not to exceed $163,935, although if those actual expenses are higher, Hoffman Estates and Streamwood agree to pay the higher amounts. NWCDS will keep Hoffman Estates and Streamwood fully appraised of the costs involved as those figures are developed with the various contractors. It is expected that all such costs will be billed to the communities during calendar year 1997 on a mutually agreeable schedule to be determined as work on the project progresses. If the actual costs are lower that the estimated costs cited above, the invoices will reflect the actual costs. 7. Streamwood agrees to be obligated for its proportionate share of the debts and liabilities outside of normal operating expenses which may be incurred after the effective date of transfer of 9-1-1 operations to Northwest Central. The proportionate share will be based on Streamwood's share of the total number of access lines in the 9-1-1 system. The Streamwood ETSB may use 9-1-1 surcharge revenue which it has received prior to the transfer of operations to Northwest Central to pay any existing debts and liabilities of its 9-1-1 system. 02/03/9~ Any balance remaining in its 9-1-1 system account on the date of transfer of operations must be transferred to the joint Northwest Central 9-1-1 System where such funds will be separately identified and administered by the Northwest Central 9-1-1 System. Those funds may be expended for any lawful 9-1-1 related expense as Streamwood directs. 3