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Home My Public Portal AboutResolution 1731 RESOLUTION NO. 1731 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 2016 Surcharge Reallocation Grant Program, the Village, through WESCOM, is seeking a grant for the recovery of expenditures permitted by the Emergency Telephone Systems Act of Illinois (50 ILCS 750/1, et seq.); and WHEREAS, the Village, for the purpose of facilitating the recovery of such expenditures through the 2016 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 incur such expenditures 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 19th day of September, 2016. AYES: Lamb, O'Rourke, Racich, Collins NAYS: Wojowski ABSENT: Peck, Bonuchi APPROVED this 19th day of September, 2016. li'llig,/,— 'chael P. Collins illage President ATTESED AND FILED JN MY OFFICE: 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 2016 Surcharge Reallocation Grant Program Effective December 1, 2015 to November 1, 2016 DATED: 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, 2015 and continue through November 1, 2016. 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 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. H. 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". 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 hold 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. Term of agreement: The term of said agreement will take effect as of December 1, 2015 and continue through November 1, 2016. 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: ' c GM1 to Ponce-Doyle,CIHIAI "'RSON DATED /b-.rj-j La MUNICIPAL AGE CY or PSAP - BY: -�� -�- T NAME • D TITLE(Printed): I '( (fie( o!Ii-hs) 1el C (2-114- DATED; hIDATED; 9 iRf40jt III I