IGA Cook Co.& VOB Emergency Telephone System Board 01-01-2009 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 2009
Effective January 1,2009 to November 30,2009
DATED: January 1, 2009
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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 1 st day of January, 2009,by and
between the COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (hereafter
referred to as "ETSB") and the MUNICIPAL AGENCY known
as Village of Oak Brook
(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.
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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.
D. The term of the Agreement will take effect as of January 1,2009 and continue through
November 30,2009.
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 ILLS 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 Four", is the
Contact.Information form that shall be completed by the MUNICIPAL 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 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.
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.
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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.
6. 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.
s. 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.
9. 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 be required to 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.
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1 o. 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 firture 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
1,2009 and continue through November 30,2009.
12. The agency shall pay all reasonable attorneys' fees to the ETSB for any action
necessary to enforce any part of tins agreement.
SIGNED:
COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD
BY: Q exelz C-elt d= 1
ALBERT PRITCHETT,CHAIRMAN
DATED lZ Z 0!
MUNICIP E Vit a e of Oak Brook
BY:
TITLE: ilia e President f
DATE . r December 9, 2008 ✓
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ITEM 6.I.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 25, 2008
SUBJECT: Intergovernmental Agreement between the Emergency Telephone System
Board (ETSB) of Cook County and the Village of Oak Brook
FROM: James Bodony, Fire Chief
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 21 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 augment Village funds to replace out of date
portable two-way radios in the Fire Department.
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