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IGA Cook Co.& VOB Emergency Telephone System Board 03-09-2010 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE Village of Oak Brook MUNICIPALITY/AGENCY FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION FY 2010 Effective January 1, 2010 to November 30,2010 DATED: January 1, 2010 i i INTERGOVERNMENTAL AGREEMENT. BETWEEN THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE MUNICIPAL AGENCY KNOWN AS The Village of Oak Brook FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION This AGREEMENT is made and entered into on the h st day of January, 2010, by and between the COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (hereafter j referred to as "ETSB") and the MUNICIPAL. AGENCY known ' as Village of Oak Brook (hereafter referred to as"MUNICIPAL AGE_NCY"). WHEREAS the ETSB h as 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 sai'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 apart 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 otherPurpose- C. That this Surcharge Reallocation is not a continuing Surcharge Reallocation but is limited to a one time only agreement, unless the ETSB,at its,sole discretion,determines that additional Surcharge Reallocations or extensions are to be allowed. A 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 Aef,,50 ILCS 750. F. That attached hereto,and hereby incorporated by reference as"Exhibit Two",is the specific dollar amount of the Surcharge Reallocation as approved by the ETSB. G. That attached hereto, and hereby incorporated by reference as"Exhibit Three",is the surcharge expenditure audit reporting form that shall be.completed by the MUNICIPAL AGENCY in accordance with"Exhibit One". H. That attached hereto,and hereby incorporated by reference as"Exhibit Foue.',is the Contact Information form that shall be_completed by the MUNICIPAL AGENCY and ! returned to the ETSB with this executed agreement. r. MISCELLANEOUS t. Nonliability:No party to,-this AGREEMENT shall be liable to any other party . for any loss,claim or damages as a result of any delay or failure in the performance of any obligation hereunder,directly or indirectly caused-by or resulting from acts of the other party,acts of the government,acts of God, acts Of third persons,strikes,embargoes,delays in the mail,transportation and delivery,network or power failures and shortages,fires,floods, epidemics and- unusually severe weather conditions,or other causes beyond the control of such party. 2. Binding effect:This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns.of the parties as if they too.were parties. ! I 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. i I 4. Notice:All notices required herein shall be in writing and be served personally or by registered or certified mail,return receipt requested,upon the parties at their principal administrative offices or as otherwise designated. 5. Governing law: This agreement shall be governed, interpreted and construed according to the laws of the State of Illinois. G. Amendment: This AGREEMENT and attached exhibits contains the entire agreement of the parties and shall supersede any prior agreements or understandings,written or oral,and may only be altered,modified or amended by written consent of the parties. 7. Compliance with laws: The parties agree that they will each observe and comply with all applicable federal, state and local laws that affect performance under this AGREEMENT. 8. Indemnification: The MUNICIPAL AGENCY hereby holds harmless the ETSB for any claims,losses,damages and liabilities whatsoever relative to actionss by third parties as a result of this Surcharge Reallocation and/or the purchase of goods and services with the Surcharge Reallocation funds. MUNICIPAL AGENCY agrees to hold harmless and defend the ETSB,its staff and Board members,from and against any claims,losses,damages and liabilities, including costs, expenses,and attorney's fees. 9. The ETSB,or its designee,shaft.-have the authority-to audit services, equipment or materials purchased through the 9-1--1 Surcharge Reallocation i Program to ensure that said services,equipment or materials are being used in accordance with the Emergency Telephone System Act and the 9-I-1 Surcharge Reallocation Program Guidelines. This audit authority shall remain in effect for the life of the service, equipment or materials purchased through the 9-1-1 Surcharge Reallocation, Should the ETSB determine that the service,equipment or materials are-not being used in accordance with the Emergency Telephone System Act and the 9-1-1 Surcharge Reallocation Program.Guidelines,then said service,equipment or materials shall be removed and returned to the ETSB,at-the expense of the agency,or the agency shall be required to refund the fuiancial assistance received from the ETSB. The ETSB shall have sole discretion* determining which method of recovery shall be followed by the agency. j 10. Forfeiture:Any use of surcharge reallocation funds that is not in compliance with the intergovernmental agreement,shall cause forfeiture of any unexpended reallocation funds and cause forfeiture of any future rights under this or any subsequent grant or surcharge reallocation program by the ETSB. 11.. Term of Agreement: The term of said agreement will take effect as of January 1,2010 and continue.through November 30,2010. 12. The,agency shall pay all reasonable attorneys'fees to the ETSB for any action necessary to enforce any part of this agreement SIGNED: COOK CO Y E GENCY TELEPHONE SYSTEM BOARD BY: E `� �i ALBERT PRITCHETT, CHAIlWAN I DATED MUNICIPAL.AGENCY Village of Oak Brook BY: T Village P dent DATED: d✓ COOK COUNTY ETSB 2010 SURCHARGE REALLOCATION FUND EXHIBIT TWO Line Count Police Jurisdiction Fire/EMS Jurisdiction Police Share Fire/EMS Share 1224 DIXMOOR PD DIXMOOR FD $3,378.24 $3,378.24 935 FORD HEIGHTS PD FORD HEIGHTS FD $2,580.60 $2,580.60 301 ** GOLF 1661.52 7921 NORTHLAKE PD NORTHLAKE FD 717 PHOENIX PD PHOENIX FD $1,978.92 $1,978.92 1810 ROBBINS PD ROBBINS FD -$4,995.60 $4,995.60 1063 STONE PARK PD STONE PARK FD $2,933.88 $2,933.88 62840 CC SHERIFF'S PD $173,438.40 936 CC FOREST PRESERVE PD $2,583.36 1055 OAK FOREST HOSP PD OAK FOREST HOSP FD $2,911.80 $2,911.80 1669 HINES HOSPITAL PD $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 LYNWOOD FD $1,000.00 58 LYONS FD $1,000.00 17 MARKHAM FD $1,000.00 r COOK COUNTY ETSB 2010 SURCHARGE REALLOCATION FUND EXHIBIT TWO Line Count Police Jurisdiction FirelEMS Jurisdiction Police Share Fire/EMS Share 819 MATTESON FD $2,260.44 327 MAYWOOD FD $1,000.00 90 MELROSE PARK $1,000.00 20 MERRIONETTE PARK FD $1,000.00 73 MIDLOTHIAN FD $1,000.00 10 MORTON GROVE FD $1,000.00 274 MOUNT PROSPECT FD $1,000.00 8 NILES FD $1,000.00 7602 NORTH MAINE FD $20,981.52 95 NORTH PALOS FPD $1,000.00 1 NORTH RIVERSIDE FD $1,000.00 2829 NORTHBROOK FD $7,808.04 5 NORTHFIELD FD $1,000.00 8119 NORTHLAKE FPD $22,408.44 • 435 NORWOOD PARK FPD $1,200.60 117 NW HOMER FPD $1,000.00 261 OAK FOREST FD $1,000.00 23 OAKBROOK FD $1,000.00 2108 ORLAND FPD $5,818.08 1510 PALATINE RURAL FPD $4,167.60 2922 PALOS FPD $8,064.72 1106 PALOS HEIGHTS FPD $3,052.56 1881 PLEASANT VIEW FD $5,191.56 34 POSEN FD $1,000.00 124 PROSPECT HEIGHTS FD $1,000.00 114 RICHTON PARK FD $1,000.00 85 RIVER FOREST FD $1,000.00 54 RIVERDALE FD $1,000.00 2 RIVERSIDE FD $1,000.00 395 ROBERTS PARK FIRE $1,090.20 758 ROSELLE FPD $2,092.08 137 SAUK VILLAGE FD $1,000.00 191 SCHAUMBURG FD $1,000.00 4 19 SOUTH CHICAGO HEIGHTS FD $1,000.00 3 SOUTH HOLLAND FD $1,000.00 26 STEGER FD $1,000.00 13 THORNTON FD $1,000.00 343 TINLEY PARK FD $1,000.00 14 WESTCHESTER FD $1,000.00 10 WESTERN SPRINGS FD $1,000.00 4 WILLOW SPRINGS $1,000.00 ITEM G.I.. PGA OF 0AK10 v , O 14 0 G p am ITOUNjl' AGENDA ITEM Regular Board of Trustees Meeting of March 9, 2010 SUBJECT: Intergovernmental Agreement between the Emergency Telephone System Board (ETSB) of Cook County and the Village of Oak Brook FROM: Thomas McEllin, Fire Chief JW BUDGET SOURCE/BUDGET IMPACT: Receipt of additional revenue not projected RECOMMENDED MOTION: I move that the Village Board enter into an intergovernmental agreement with the ETSB of Cook County to secure funds provided under the Surcharge Reallocation Program. Background/History: The Village of Oak Brook Fire Department provides fire and EMS service to a small area in Cook County, east of I-294. This area has 19 phone lines that are under the jurisdiction of the Cook County ETSB and as such, qualifies the Fire Department to receive funds under the Surcharge Reallocation Program. The minimum distribution under the program, for which the Fire Department qualifies this year, is $1,000.00 (see attachment, Exhibit Two). Recommendation: Recommend the Village Board enter into an intergovernmental agreement with the ETSB Board of Cook County to allow the distribution of Surcharge Reallocation Funds in the amount of $1,000.00 to the Village of Oak Brook Fire Department. The use of the funds, under the guidelines established by the ETSB, will be to offset the cost of providing GPS software in the mobile data terminals installed in the fire apparatus and ambulances. Last saved by rdouglas \\haw\users\FIRE\rdouglas\Desktop\ChieflETSBagreement2010.doe Last printed 3/4/2010 1:20 PM