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HomeMy WebLinkAboutRes 09-10 03/16/2010 RESOLUTION NO. 09-10 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD WHEREAS, the Village of Mount Prospect is eligible to receive $1,000 from the Cook County Emergency Telephone System Board (ETSB) WHEREAS, the ETSB funding is available through the Surcharge Reallocation Program, which shares excess funds with fire departments that serve unincorporated areas of Cook County; and WHEREAS, The Mount Prospect Fire Department is responsible for answering calls for service that come through the Cook County 9-1-1 Center, which originate in the Forest River Fire Protection District. WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined it is in the best interests of the Village to authorize participation in the 9-1-1 Surcharge Reallocation Program and enter into an Intergovernmental Agreement with The Cook County Emergency Telephone System Board (ETSB); and 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 THEIR HOME RULE POWERS: SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute the Intergovernmental Agreement between the Village of Mount Prospect and the The Cook County Emergency Telephone System Board for the funding of a 9-1-1 Surcharge Reallocation, Fiscal Year 2010, a copy of which is attached and made a part of 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: Hoefert, Juracek, Korn, Pol it, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 16th day of March, 2010. ~V~ K/If~ Irvana K. Wilks Mayor ~f?J M. [isa Angell f Village Clerk ' H: \CLKO\WI N\RESOLUTION\Authorizecookcountyemergencytelephoneboardmarch 1620 1 o. doc 07/29/2010 04:38 8472944745 COOK COUNTY 911 ETSB PAGE 02 INTERGOVERNMENTAL AGREEMENT BY AND.BEPWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE a of Mou Pr os ect, Illinois MUNICIPALITY /AGENCY FOR THE FUNDING OF A 9 -1-1 SURCHARGE REALLOCATION FY 2010 Effective January 1, 2010 to November 30, 2010 • DATED: March 16,2010 07/29/2010 04:38 8472944745 COOK COUNTY 911 ETSB PAGE 03 • INTERGOVERNMENTAL AGREEMENT BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE MUNICIPAL AGENCY KNOWN AS __Villag of Mo unt Pr osyect , Illinoi FOR THE FUNDING OF A 9 -1 -1 SURCHARGE REALLOCATION This AGREEMENT is made and entered into on the 1„s day of January, 2010, by and between the COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (hereafter referred to as "ETSB ") and the MUNICIPAL AGENCY known as Village of Mn+int T'rnler ent T)Hq.Oj (hereafter referred to as "MUNICIPAL AGENCY "). WHEREAS, the ETSB has created a Surcharge Reallocation program as outlined in "Exhibit One ", attached hereto, and hereby incorporated by reference; and WHEREAS, the MUNICIPAL AGENCY has agreed to participate in said Surcharge Reallocation Program, and by doing so, has agreed to all of the terms and conditions as outlined in said agreement; and WHEREAS, the provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this AGREEMENT and the attached "Exhibit One," the sufficiency of which are hereby acknowledged, the ETSB, and the MUNICIPAL AGENCY agree as follows: A. That the parties agree to be bound by each and every term and condition as set forth in "Exhibit One" and that all such terms and conditions are hereby made a part of this agreement as if here fully set forth in this INTERGOVERNMENTAL AGREEMENT. B. That this Surcharge Reallocation is expressly given by the ETSB to the MUNICIPAL AGENCY as a single Surcharge Reallocation for specific qualifying goods and /or services in accordance with "Exhibit One ", and is not to be construed as a continuing Surcharge Reallocation for this, or any other purpose, 2 07/29/2010 04:38 8472944745 • COOK COUNTY 911 ETSB PAGE 04 c. That this Surcharge Reallocation is not a continuing Surcharge Reallocation but is limited to a one time only agreement, unless the ETSB, at its sole discretion, determines diat • additional Surcharge Reallocations or extensions are to be allowed. • D. The term of the Agreement will take effect as of January 1, 2010 and continue through November 30, 2010. • E. The receiving agency acknowledges that all purchases made by it shall be legal, proper and in accordance with the "Emergency Telephone System Act", 50 RCS 750. F. That attached hereto, and hereby incorporated by refers as "Exhibit Two", is the specific dollar amount dills Surcharge Reallocation as approved by the ETSB. G. That attached hereto, and hereby inceeporated by reference as `Exhibit Three", is the surcharge expenditure audit reporting form that shall be completed by the MUNICIPAL AGENCY in accordance with `Exhibit One". A. That attached hereto, and hereby incoipozated by reference as "Exhibit Four", is the Contact Inf+onmation farad that shall be completed by the MUNI. CIPAL AGENCY and • returned to the ETSB with this executed agreement. 1, MISCELLANEOUS 1. Nonliability: No party to this AGREEMENT shall be liable to any other party for any loss, claim or damages as a result of any delay or failure: in the performance deny obligation hereunder, direr or indirectly caused by or resulting from acts of the other party, acts of the government, acts of God, acts of third persons, stiles, embargoes, delays in the mail, transportation and delivery, network or power faihums and shortages, fires, floods, epidemics and unusually severe weather conditions, or other causes beyond the control of such patty. 2. Binding effect: This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the parties as if they too were parties. 3. Severability: The parties agree, that to the extent a court of competent • Jurisdiction shall determine that any part or provision of this AGREEMENT is unenforceable as a matter of law, such part or provision of the AGREEMENT shall be deemed severable and the remainder of the AGREEMENT shall survive. 07/29/2010 04 :38 8472944745 COOK COUNTY 911 ETSB PAGE 05 • 4. Notice: All notices required herein shall be in writing and be served personally or by registered or certified mail, return receipt requested, upon the patties at their principal administrative oflI es or as otherwise designated. s. Governing law: This agreement shall be governed, interpreted and construed according to the laws of the State of Illinois. • 6. Amendment This AGREEMBNf and attached exhibits contains the entire agreement of the parties and shall supersede any prior agreements or understandings, written or oral, and may only be altered, modified or amended by written consent of the parties. • 7. Compliance with laws: The parties agree that they will each observe and comply with all applicable federal, state and local laws that affect performance under this AGREEMENT. • s. Indemnification: The MUNICIPAL AGENCY hereby bolds harmless tine . ETSB for any claims, losses, damages and liabilities whatsoever relative to . actions by third parties as a result of this Surekarge Reallocation and/or the purchase of goods and services with the Surcharge Reallocation finds. MUNICIPAL AGENCY agrees to hold harmless and defend the ETSB, its • staff and Board members, from and againstany claims, losses, damages and • liabilities, including costs, expenses, and attorney's feces. • 9. The ETSB, or its designee, shall have the authority to audit services, equipment= materials purchased through the 9.1.1 Sucharge Reallocation Program to ensure that said services, equipment or Materials we being used in accordance with the Emergency Telephone System Act and the 9-1 -1 Surcharge Reallocation Program Ouddelines. This audit authority shall remain in effect for the life of the service, equipment or materials purchased through the 9-1 -1 Surcharge Reallocation. Should the ETSB detemnine that the service, eqiipment or materials are not being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program Guidelines, then said service, equipment or materials shall be removed and returned to the ETSB, at the expense of the agency, or the agency shall be required to refund the financial assistance received fiom the ET'SB. The ETSB shall have sole discretion in determining which method of . recovery shall be followed by the agency. • 07/29/2010 04:38 8472944745 COOK COUNTY 911 ETSB PAGE 06 10. Forfeiture: Any use of surcharge reallocation funds that is not in compliance with the intergovernmental agreement, shall cause forfeiture of any unexpended reallocation funds and cause fotfe'iture of any future rights under this or any subsequent grant or surcharge reallocation program by the ETSB. 11. Term of Agreement: The term of said agreement will take affect as of January 1, 2010 and cons nue,tbrougb November 30, 2010. • 12. The agency shall pay all reasonable attorneys' ibes to the ETSB for any action necessary to enforce any part of this agreement 5 ,f EXHIBIT ONE COOK COUNTY EMERGENCY TELEPHO~ SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM GUIDELINES FY 2010 SECTION I-INTENT The purpose of the Surcharge Reallocation Program is to provide assistance to Public Safety agency users who are a part of the ETSB 9-1-1 system in maintaining and delivering high quality 9-1-1 emergency services. The Cook County Emergency Telephone System Board (ETSB) recognizes that Municipal Agencies and Fire Protection Districts that are a part of the ETSB system may require additions or enhancements to their communications centers in order to provide 9-1-1 related services to their respective communities. The ETSB has approved the funding of the Surcharge Reallocation Program to assist its participants in providing a dependable and efficient emergency telephone system. SECTION 2 - ELIGmILITY To be eligible to receive surcharge reallocation the agency shall meet all of the following criteria: 1) The agency must regularly receive 9-1-1 telephone call transfers from the Cook County Sheriff's Police Communications Center. These 9-1-1 telephone call transfers shall not be infrequent nor the result of emergency conditions. 2) The agency must have a communication center that dispatches police and/or fire and emergency medical services responders within the jurisdictional boundaries of the ETSB. 3) The agency must have residents that both reside within the jurisdictional boundaries of the ETSB and pay the ETSB 9-1-1 surcharge. 4) The agency must have hardwire 9-1-1 access lines within the juris~ctiona1 boundaries of the ETSB. Those agencies that dispatch for 9-1-1 systems that are not a part of the ETSB system shall not be eligible. SECTION 3 - AVAILABILITY OF FUNDS The total amount of 9-1-1 Surcharge Reallocation to be distributed shall be determined by the ETSB and is subject to availability of funding within the ETSB budget. The ETSB may terminate, expand or amend the Surcharge Reallocation Program at its discretion. Any 9-1-1 Surcharge Reallocation funds delivered to and not used by the recipient after one year, from the date of delivery, shall be retumC?d to the ETSB. Funds not yet delivered to the recipient after one year following approval of the reallocation shall lapse. 1 SECTION 4 - BASIS OF DISTRIBUTION BY AGENCY The total number of hardwire 9-1-1 access lines within the ETSB service area shall be determined by AT&T and provided to the ETSB. The corresponding Emergency Service Number (ESN) for each agency within the ETSB's jurisdiction shall further break down the total AT&T access line count. The ETSB shall determine the amount ofsmcharge allocation per hardwire access line. The total amount of surcharge to be reallocated to an agency shall be determined by multiplying the number of hard wire access lines by the per access line amount approved by the ETSB. In areas where the same ESN serves more than one agency the approved surcharge reallocation amount per access line will be divided accordingly. The ETSB has established, as policy, that no agency shall receive less than $1,000.00, regardless of its access line count. SECTION 5 - 9-1-1 SURCHARGE REALLOCATION FUNDING QUALIFYING EXPENDITURES The use of the 9-1-1 Surcharge Reallocation shall be limited to those expenditures specifically identified within the scope of the Emergency Telephone System Act oflllinois; lllinois Compiled Statutes, Chapter 50, Section 750/15.4/C.The following list identifies examples of qualifying equipment and services. The list of examples is not intended" to be all-inclusive. Salaries for Telecommunications Staff Geographic Information Systems (GIS) 9-1-1 Telephone Customer Premise Equipment 9-1-1 Related Training Radio Equipment and Console Furniture Mobile Data Terminal . Computer Hardware/Software used for Call Taking and/or Dispatching Office Equipment used for Call Taking and/or Dispatching Maintenance of Equipment used for Call Taking and/or Dispatching Emergericy Bacmp Power Systems Communications Center Infrastructure Upgrade SECTION 6 - AGENCY EXPENDITURE REPORT Every agency granted the 9-1-1 Surcharge Reallocation shall file an expenditure report using the approved ETSB form (attached as Exhibit Three - Expenditure Audit Report) on or before December 1, 2009. The report shall itemize the expenditures made from the surcharge funds granted to the agency. In addition, proof of each purchase must be provided in the form of copies of paid invoices, or in the case of personnel services copies of payroll records, and should be attached to the expenditure report. The completed form shall be signed by the authorized fiscal agent for the agency and attested to by the Mayor, President, or other Presiding Officer of the agency. 2 SECTION 7 - ETSB RIGHT TO AUDIT The ETSB, or its designee, shall have the authority to audit services, equipment or materials purchased through the 9-1-1 Surcharge Reallocation Program to ensure that said services, equipment or materials are being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program Guidelines. This audit authority shall remain in effect for the life of the service, equipment or materials purchased through the 9-1-1 Surcharge Reallocation. Should the ETSB determine that the service, equipment or materials are not being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program Guidelines, then said service, equipment or materials shall be removed and returned to the ETSB, at the expense of the agency, or the agency shall refund the financial assistance received from the ETSB. The ETSB shall have sole discretion in determining which method of recovery shall be followed by the agency. The ETSB shall exercise whatever legal action it deems appropriate to recover any funds improperly used. SECTION 8 - ETSB INDEMNIFICATION Indemnification: The MUNICIPAL AGENCY hereby holds harmless the ETSB for any claims, losses, damages and liabilities whatsoever relative to actions by third parties as a result of this Surcharge Reallocation and/or the purchase of goods and services with the Surcharge Reallocation funds. MUNICIPAL AGENCY agrees to hold harmless and defend the ETSB, its staff and Board members, from and against any claims, losses, damages and liabilities, including costs, expenses, and attorney's fees. SECTION 9 - ETSB FORFEITURE Any use of surcharge reallocation funds that is not in compliance with the intergovernmental agreement attached hereto, shall cause forfeiture of any unexpended reallocation funds and cause forfeiture of any future rights under this or any subsequent grant or surcharge reallocation program by the ETSB. SECTION 10 - PROGRAM TERM The term of the Agreement will take effect as of January 1, 2010 and continue through November 30,2010. 3 ..- COOK COUNTY ETSB 2010 SURCHARGE REALLOCATION FUND EXHIBIT TWO Line Count Police Jurisdiction FirelEMS Jurisdiction Police Share FirelEMS Share 1224 DIXMOOR PO DIXMOOR FD $3,378.24 $3,378.24 935 FORD HEIGHTS PO FORD HEIGHTS FD $2,580.60 $2,580.60 301 ** GOLF 1661.52 7921 NORTH LAKE PO NORTHLAKE FD *** *** 717 PHOENIX PO PHOENIX FD $1,978.92 $1,978.92 1810 ROBBINS PO ROBBINS FD . $4,995.60 $4,995.60 1063 STONE PARK PO STONE PARK FD $2,933.88 $2,933.88 62840 CC SHERIFPS PO $173,438.40 936 CC FOREST PRESERVE PO $2,583.36 1055 OAK FOREST HOSP PO OAK FOREST HOSP FD $2,911.80 $2,911.80 1669 HINES HOSPITAL PO $4,606.44 52 ALSIP FD $1,000.00 740 BARRINGTON FD $2,042.40 1009 BARTLETT FPD $2,784.84 41 BLUE ISLAND FD $1,000.00 259 BRIDGEVIEW FD $1,000.00 5 BURNHAM FD $1,000.00 14 CALUMET CITY FD $1,000.00 2350 CENTRAL STICKNEY FD $6,486.00 156 CHICAGO HEIGHTS FD $1,000.00 7 CHICAGO RIDGE FD $1,000.00 80 COUNTRY CLUB HILLS FD $1,000.00 123 CRESTWOOD FD $1,000.00 84 DOLTON FD $1,000.00 27 EAST DUNDEE FPD $1,000.00 11695 ELKGROVE RURAL FPD $32,278.20 127 ELMHURST $1,000.00 38 EVERGREEN PARK FD $1,000.00 329 FLOSSMOOR FD $1,000.00 86 FOREST VIEW FD $1,000.00 4 FRANKLIN PARK FD $1,000.00 299 GARDEN HOMES FPD $1,000.00 631 GLENCOE FD $1,741.56 15984 GLENVIEW FD $44,115.84 216 GLENWOOD FIRE $1,000.00 1 HARVEY FD $1,000.00 4 HAZEL CREST FD $1,000.00 18 HILLSIDE FD $1,000.00 73 HOMEWOOD ACRES FPD $1,000.00 1 HOMEWOOD FD $1,000.00 261 LANSING FD $1,000.00 2477 LEMONT FPD $6,836.52 4199 LEYDEN FPD $11,589.24 502 LONG GROVE FD $1,385.52 352 L YNWOOD FD $1,000.00 58 LYONS FD $1,000.00 17 MARKHAM FD $1,000.00 Line Count 819 327 90 20 73 10 274 8 7602 95 1 2829 5 8119 435 117 261 23 2108 1510 2922 1106 1881 34 124 114 85 54 2 395 758 137 191 19 3 26 13 343 14 10 4 COOK COUNTY ETSB 2010 SURCHARGE REALLOCATION FUND EXHIBIT TWO Police Jurisdiction Fire/EMS Jurisdiction Police Share FlreJEMS Share MATTESON FD MAYWOOD FD MELROSE PARK MERRIONETTE PARK FD MIDLOTHIAN FD MORTON GROVE FD MOUNT PROSPECT FD NILES FD NORTH MAINE FD NORTH PALOS FPD NORTH RIVERSIDE FD NORTH BROOK FD NORTHFIELD FD NORTHLAKE FPD NORWOOD PARK FPD NW HOMER FPD OAK FOREST FD OAKBROOK FD ORLAND FPD PALATINE RURAL FPD PALOS FPD PALOS HEIGHTS FPD PLEASANT VIEW FD POSEN FD PROSPECT HEIGHTS FD RICHTON PARK FD RIVER FOREST FD RIVERDALE FD RIVERSIDE FD ROBERTS PARK FIRE ROSELLE FPD SAUK VILLAGE FD SCHAUMBURG FD SOUTH CHICAGO HEIGHTS FD SOUTH HOLLAND FD STEGER FD THORNTON FD TINLEY PARK FD WESTCHESTER FD WESTERN SPRINGS FD WILLOW SPRINGS $2.260.44 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1.000.00 $1,000.00 $20.981.52 $1,000.00 $1.000.00 $7.808.04 $1,000.00 $22,408.44 $1.200.60 $1,000.00 $1.000.00 $1,000.00 $5,818.08 $4.167.60 $8,064.72 $3,052.56 $5,191.56 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1.090.20 $2.092.08 $1.000.00 $1,000.00 $1,000.00 $1.000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 EXHIBIT THREE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM EXPENDITURE AUDIT REPORT FY 2010 AGENCY NAME: AGENCY CONTACT PERSON: AGENCY CONTACT PHONE #: AGENCY TYPE (pOLICE, FIRE, EMS, OTHER): REPORT COMPLETED BY (NAME AND TITLE): AMOUNT OF FUND A WARD: UNLIQUIDATED BALANCE (IF APPLICABLE): Attach all necessary documentation of reported expenditures. Date of EXDenditure DescriDtion Cost Total Expenditures: Unliquidated Balance: Certification: I certify that to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the surcharge reallocation documents. Signature of Authorized Certifying Official Date Attest Date EXHIBIT FOUR COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (ETSB) SURCHARGE REALLOCATION PROGRAM - FY 2010 CONTACT INFORMATION MUNlCIPALITY/ AGENCY: STREET ADDRESS: CITY/STATE/ZIP: PHONE: FAX: EMAIL: POLICE CHIEF: ADDRESS/PHONE: (If different from above) FIRE CIllEF: ADDRESS/PHONE (If different from above) FISCAL AGENT/ TREASURER: MA YORlELECTED OFFICIAL: Term Expires: ADDmONAL CONTACT: Send completed form to: John J. Robberson, Executive Director Cook County ETSB 9511 W. Harrison, Des Plaines, IL 60016