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HomeMy Public PortalAboutResolution 1704 RESOLUTION NO. 1704 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH WILL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM BOARD FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois, is a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, and is a duly constituted public agency; and WHEREAS, the Village is authorized and empowered by the Constitution of the State of Illinois (III. Const. Art. VII, § 10) and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), to enter into intergovernmental agreements with other public agencies on matters of mutual aid and interest, such as the provision of goods and/or services for the protection of residents and property falling within the jurisdiction of the Village; and WHEREAS, the Village is a member of the Western Will County Communication Center ("WESCOM") and receives its 9-1-1 emergency dispatch services from WESCOM; and WHEREAS, as part of the 2015 Surcharge Reallocation Grant Program, the Village, through WESCOM, is seeking a grant for the purchase and installation of generators for WESCOM's facility; and WHEREAS, the Village, for the purpose of facilitating the purchase and installation of the generators through the 2015 Surcharge Reallocation Grant Program, has been provided an Intergovernmental Agreement by and between the Will County 9-1-1 Emergency Telephone System Board (the "Agreement"), for execution; and WHEREAS, the Village recognizes the need for WESCOM to maintain such equipment to effectively provide 9-1-1 emergency dispatch services to its member agencies and the citizens those agencies serve, and finds it necessary to continue to participate in the 9-1-1 Surcharge Reallocation Grant Program and execute the Intergovernmental Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS as follows: SECTION ONE: The findings of the Preamble to this Resolution are incorporated herein and made a part hereof by this reference. SECTION TWO: This Resolution shall be known as the Resolution Authorizing Execution of an Intergovernmental Agreement with Will County 9-1-1 Emergency Telephone System Board for the Funding of a 9-1-1 Surcharge Reallocation. SECTION THREE: The Village President, or his designee, is hereby authorized to execute the Intergovernmental Agreement on behalf of the Village, substantially in the form attached hereto and made a part of this Resolution as Exhibit "A". SECTION FOUR: Copies of each fully executed Agreement substantially in the form attached hereto as Exhibit "A" shall be maintained in the Office of the Village Clerk and the Office of the Chief of Police. SECTION FIVE: Any Village Ordinance or Resolution, or part thereof, in conflict herewith, is to the extent of such conflict, expressly repealed. SECTION SIX: This Resolution shall be in full force and effect after its passage, approval, and publication in pamphlet form, as provided by law. PASSED this 2nd day of February, 2015. AYES: Fay, Lamb, Peck, Bonuchi NAYS: None ABSENT: Racich APPROVED this 2nd day of February, 2015. M' hael P. Collins Village President A2 D AND FILED IN MY OFFICE: 4-e-Gfif-6i .. 'b-4 Michelle Gibas Village Clerk INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE WILL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM BOARD AND THE Agency Name FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION Pursuant to the FY 2015 Surcharge Reallocation Grant Program Effective December 1, 2014 to September 30, 2015 DATED: Exhibit"A" INTERGOVERNMENTAL AGREEMENT BETWEEN THE WILL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM BOARD AND THE MUNICIPAL AGENCY OR PUBLIC SAFETY ANSWERING POINT KNOWN AS Agency Name FOR THE FUNDING OF A 9-1-1 SURCHARGE REALLOCATION This AGREEMENT is made and entered into on the day of 20 , by and between the WILL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM BOARD (hereafter referred to as "ETSB") and the MUNICIPAL AGENCY or Public Safety Answering Point (hereafter referred to as"PSAP"known as (hereafter referred to as"MUNICIPAL AGENCY or PSAP"). 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 or PSAP 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 or PSAP agree as follows: A. That the parties agree to be bound by each and every term and condition as set forth in "Exhibit Two" 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 or PSAP as a single Surcharge Reallocation for specific qualifying goods and/or services in accordance with"Exhibit Two", and is not to be construed as a continuing Surcharge Reallocation for this, or any other purpose. 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 December 1, 2014 and continue through September 30, 2015. However, the Agreement may be extended for an additional period of time, not to exceed ninety(90) days by approval of the ETSB. Such requests shall be submitted in writing and directed to Steve Figved, Chief Administrator, Will County ETSB, 2561 W. Division St., Suite 101, Joliet, IL 60435. 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 ILCS 750. F. That attached hereto, and hereby incorporated by reference as "Exhibit One", 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 Four", is the Surcharge Expenditure Audit Report form that shall be completed by the MUNICIPAL AGENCY or PSAP in accordance with"Exhibit Two". H. That attached hereto, and hereby incorporated by reference as"Exhibit Three", is the Contact Information-Project Proposal form that shall be completed by the MUNICIPAL AGENCY or PSAP and returned to the ETSB with this executed agreement. I. 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. 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. 8. Indemnification: The MUNICIPAL AGENCY or PSAP 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 or PSAP 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. 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. Time Extensions: The term of said agreement will take effect as of December 1, 2014 and continue through September 30, 2015, However, the Agreement may be extended for an additional period of time, not to exceed ninety(90) days after the term's expiration date. The written extension request must be approved by the ETSB. 12. The agency shall pay all reasonable attorneys' fees to the ETSB for any action necessary to enforce any part of this agreement. SIGNED: WILL COUNTY EMERGENCY TELEPHONE SYSTEM BOARD BY: Julie Ponce-Doyle, CHAIRMAN DATED MUNICIPAL A CY or PSAP - l ay Of Pi6tir4Ad BY: �,61;" _ NAMB"AND TITLE (printed): ki idlad P COIL��5 P'(PSi d eAtt--- DATED: 01Q idol s EXHIBIT ONE - 2015 PSAP GRANT DISTRIBUTION EAS T COM ROMEOVILLE Beecher ED 1749 0.44% 3,378 Romeoville FD 7440 1.87% 14,369 Beecher PD 1012 0.25% 1,954 Romeoville PD 11546 2.90% 22,299 Crete ED 4066 1.02% 7,853 TOTAL 18986 4.77% 36,667 Crete PD 4066 1.02% 7,853 Crete Two ED 1697 0.43% 3,277 WILL CO SHERIFF Monee ED 2310 0.58% 4,461 WCSP(HomGlen 5983 36089 9.06% 69,698 Monee PD 1430 0.36% 2,762 Rockdale PD 1136 0.29% 2,194 Peptone FD 1326 0.33% 2,561 TOTAL 37225 9.35% 71,892 Peotone PD 824 0.21% 1,591 So.Chgo Heights ED 806 0.20% 1,557 WESCOM PSAP So.Chgo Heights PD 806 0.20% 1,557 Bolingbrook FD 24471 6.14% 47,260 Steger FD` 1581 0.40% 3,053 Bolingbrook PD 24787 6.22% 47,871 Steger PD 1581 0.40% 3,053 Braidwood FD 1960 0.49% 3,785 Steger Estates 421 1.000 Braidwood PD 1223 0.31% 2,362 University Park ED 6249 12,069 Channahon FD 3851 0.97% 7,437 University Park PD 6242 1.57% 12,055 Channahon PD 2501 0.63% 4,830 TOTAL 36166 8.98% 70,034 Crest Hill PD 4091 1.03% 7,901 Elwood FD 2205 0.55% 4,258 iJOLIET Elwood PD 893 0.22% 1,725 Joliet PD 46829 11.76% 90,440 Homer FD 3758 0.94% 7,258'. Joliet ED 46829 11.76% 90,440 Lockport PD 5406 1.36% 10,441 TOTAL 93658 23.52% 180,880 Lockport Twp FD 16821 4.22% 32,486 Minooka FD 586 0.15% 1,132 LINCOLNWAY Minooka PD 143 1,000 East Joliet FD 2312 0.58% 4,465 NW Homer FD 3339 0.84% 6,449 Frankfort ED 13725 3.45% 26,507 Plainfield FD 12798 3.21% 24,717 Frankfort PD 8256 2.07% 15,945 Plainfield PD 9807 2.46% 18,940 Manhattan FD 2575 0.65% 4,973 Rockdale FD 1989 0.50% 3,841 Manhattan PD 1652 0.41% 3,190 Shorewood PD 4307 1.08% 8,318 Mokena FD 6742 1.69% 13,021 Troy FD 5209 1.31% 10,060 Mokena PD 7168 1.80% 13,843 Wilmington FD 2271 0.57% 4,386 New Lenox ED 19021 4.78% 36,735 Wilmington PD 1534 0.39% 2,963 New Lenox PD 15747 3.95% 30,412 TOTAL 133950 33.60% 259,419 TOTAL 77198 IIIIIIIEEEI 149,091 OTHER 'Lemont ED 10441 0.26% 2,016; 12/1/2014 398227 770,000.00 • • EXHIBIT TWO WILL COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM GUIDELINES SECTION 1 -INTENT The Will County 9-1-1 Emergency Telephone System Board(ETSB)recognizes that Public Service Answering Points(PSAPs),Municipal Agencies and Fire Protection Districts that are part of the ETSB system may require additions or enhancements to their communication centers in order to provide 9-1-1 related services to their respective communities. For PSAPs,Municipal Agencies and Fire Protection Districts that are part of the ETSB system,the ETSB has approved the funding of 9-1-1 Surcharge Reallocation Program to assist its participants in providing a dependable and efficient emergency telephone system. The purpose of the ETSB 9-1-1 Surcharge Reallocation program is to assist Public Safety agency users who are a part of the ETSB 9-1-1 system in maintaining a high standard of quality in the delivery of 9-1-1 emergency services. SECTION 2 -ELIGIBILITY To be eligible to receive surcharge reallocation the agency shall meet all of the following criteria: 1) The agency must have residents that both reside within the jurisdictional boundaries of, and pay the ETSB 9-1-1 surcharge. 2) The agency must have hard wire 9-1-I access lines within the jurisdictional boundaries of the ETSB. 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 returned to the ETSB. Funds not yet delivered to the recipient after one year following approval of the reallocation shall lapse. 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 SBC/AT&T and provided to the ETSB. The total SBC/AT&T access line count shall be further broken down by the corresponding Emergency Service Number(ESN)for each agency within the ETSB's jurisdiction. The ETSB shall determine the amount of surcharge allocation per hardwire access line. The total amount of surcharge to be reallocated to an agency shall be determined by multiplying the number of hardwire access lines,after applying the trunk equivalency factor of 5 to 1 for Centex and PBX lines for that agency,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 of Illinois; Illinois Compiled Statutes,Chapter 50,Section 750/15.4/C. The following list identifies examples of qualifying equipment and services. The below list of examples are not intended to be all inclusive PSAPS Salaries for Telecommunications Staff Geographic Information Systems(GIS) 9-1-1 Telephone Customer Premise Equipment,Administrative Phones,Redundant System Radio Equipment and Console Furniture Computer Hardware/Software used for Call Taking and/or Dispatching Office Equipment Furniture(chairs,headsets)used for Call Taking and/or Dispatching Maintenance of Equipment used for Call Taking and/or Dispatching Emergency Power Systems(UPS/Generator) Netclock FIRE AND LAW ENFORCEMENT AGENCIES Mobile Data Terminal(Software and Hardware-Mobile Mapping Program software fees, licenses,and hardware) Interoperable Radio System Licenses Data Network License Fees(IWIN) PSAP Operation Fees 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 Four—Expenditure Audit Report)on or before September 30,2015. The report shall itemize each and every expenditure 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 attached to the expenditure report. The completed form shall be signed by the authorized 2 fiscal agent for the agency and attested to by the Mayor,President,or other Presiding Officer of the agency. 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 December 1,2014 and continue through September 30,2015. However,the Agreement may be extended for an additional period of time, not to exceed ninety(90) days by approval of the ETSB. Such requests shall be submitted in writing and directed to Steve Figved,Chief Administrator,Will County ETSB,2561 W.Division St., Suite 101,Joliet, IL 60435. 3 EXHIBIT THREE WILL COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM FY 2015 AGENCY NAME: WESTERN WILL COUNTY COMMUNICATION CENTER (WESCOM) AGENCY ADDRESS: 24600 W Presidential Ave, Plainfield, IL 60544 AGENCY CONTACT NAME/PHONE#: 815-267-8300 AGENCY TYPE(POLICE,FIRE,EMS,OTHER): Public Safety Answering Point(PSAP) REPORT COMPLETED BY(NAME AND TITLE): Stephen E. Reuter AMOUNT OF FUND REQUESTED: Pooled=$259,419,00+ PSAP$109,606,28=$369,125.28 Description of Project(List of items to be purchased,etc.) Estimated Cost Purchase and installation of generators at WESCOM's facility $720,324.00 See the attached summary of the work performed. WESCOM is requesting reimbursement of$369,125.28 against the generator expenses of $720,324.00 Please note: 1) This was part of the competitive bid package for the overall building project awarded to the lowest responsible bidder. Entire bid package available on request. 2) These expense were part of a series of wire transfers overseen by Chicago Title& Trust to ensure all lien waivers were completed with affidavits of completed work. Evidence of the wire transfers will be attached to the final submittal. 3) The expense reimbursement for generators is allowed under Section 5 of Exhibit 2. December 1,2014 Signature of Project Contact Person Date • EXHIBIT FOUR WILL COUNTY EMERGENCY TELEPHONE SYSTEM BOARD 9-1-1 SURCHARGE REALLOCATION PROGRAM FY2015 EXPENDITURE AUDIT REPORT AGENCY NAME: WESTERN WILL COUNTY COMMUNICATION CENTER (WESCOM) AGENCY ADDRESS: 24600 W. Presidential Ave, Plainfield, IL 60544 AGENCY CONTACT PERSON: Executive Director Stephen E. Rauter PHONE#:815-267-8300 E-MAIL:SRauter@WESCOM-9-1-1.org AGENCY TYPE(POLICE,FIRE,EMS, PSAP): PSAP REPORT COMPLETED BY(NAME AND TITLE): Executive Director Stephen E. Rauter AMOUNT OF FUND AWARD: $369,125.28 UNLIQUIDATED BALANCE(IF APPLICABLE): N/A Attach all necessary documentation of reported expenditures. Date of Description Expenditure Cost SEE ATTACHED WORKSHEET Total Expenditures: $720,324.00 Unliquidated Balance Remitted to the ETSB with this Report: -$351,198.72 Certification: I certify that to the best of my knowledge and belief that this report is correct and complete and that all outlays and un-liquidated obligations are for the purposes set forth in the surcharge reallocation documents. 1/22/2015 Signature of Authorized Certifying Official Date Attest Date