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RESOLUTION APPROVING THE COUNTY BOARD EXECUTION OF
AN INTERGOVERNMENTAL AGREEMENT
ON BEHALF OF THE EMERGENCY TELEPHONE SYSTEM BOARD
TO GRANT 911 SURCHARGE FUNDS TO THE TWO DU PAGE COUNTY PUBLIC
SAFETY ANSWERING POINTS TO BE USED CONSISTENT
WITH STATE AND FEDERAL LAW
resolution
WHEREAS, the DuPage County Emergency Telephone System Board (“DU PAGE ETSB”) is an emergency telephone system board, established pursuant to Section 15.4 of the Local Government Emergency Telephone System Act, 50 ILCS 750/15.4 (“Act”) and the DuPage Emergency Telephone System Ordinance (“Ordinance”), DuPage County Code §20-40; and
WHEREAS, the DU PAGE ETSB is authorized and empowered, pursuant to Section 15.4 (b) of the Act to plan, implement, upgrade, and maintain an Emergency 9-1-1 System; and
WHEREAS, the ETSB is further charged with the responsibility of providing enhanced 9‐1‐1 emergency services and has designated its two answering points to serve as enhanced 9‐1‐1 public safety answering points for its jurisdiction; and
WHEREAS, the ADDISON CONSOLIDATED DISPATCH CENTER (“ACDC”) is a subdivision of the Village of Addison (“the Village”) is one of two public safety answering points (“PSAPs”) in the DuPage ETSB 9-1-1 System, that receives and dispatches 9-1-1 calls within the DuPage ETSB geographic area for Police, Fire, and EMS services; and
WHEREAS, DU PAGE PUBLIC SAFETY COMMUNICATIONS (“DU-COMM”)was formed by an intergovernmental agreement and is one of two public safety answering points (“PSAPs”) in the DuPage ETSB 9-1-1 System, that receives and dispatches 9-1-1 calls within the DuPage ETSB geographic area for Police, Fire, and EMS services; and
WHEREAS, Illinois statute (50 ILCS 750/20 and 50 ILCS 750/30) provides for the collection of 9-1-1 surcharge funds from landline and wireless telephone customers and the distribution of those monies to local Emergency Telephone Systems Authorities, to be deposited in an Emergency Telephone System Fund Account (“the Fund”) and spent or otherwise disbursed pursuant to Illinois and Federal law and FCC regulation; and
WHEREAS, the State statute (50 ILCS 750/30), the Illinois Administrative Code (title 83 §1329), and FCC regulations (47 C.F.R. § 9.23) consider certain personnel, training, and equipment to be essential to the receipt and dispatch of a 9-1-1 call, such equipment being considered an acceptable or allowable cost pursuant to State statute and FCC regulations, for 9-1-1 surcharge; and
WHEREAS, the DU PAGE ETSB is authorized and empowered by the Ordinance (DuPage County Ord. § 20-40(2)(b)(vii) and (4)(c)(ii)) as the sole authority to authorize expenditures of all moneys collected from 9-1-1 surcharges for deposit into the Fund account; and
WHEREAS, the State statute and FCC regulations consider certain personnel, training, and equipment expenditures, among others, to be essential to the receipt and dispatch of a 9-1-1 call, such equipment being considered allowable cost pursuant to State statute and FCC regulations, for 9-1-1 surcharge; and
WHEREAS, the Constitution and laws of the State of Illinois permit units of local government to enter into intergovernmental agreements in such a manner as is not restricted by law or ordinance; and
WHEREAS, an Intergovernmental Agreement (“Agreement”) has been prepared, and is attached as Exhibit 1, that outlines the rights and responsibilities of the County on behalf of DuPage ETSB and the PSAPs (“the Parties”) for the ETSB to provide grant money to be used by the PSAPs in a manner authorized by Illinois and Federal law and FCC regulation, to pay expenses incurred by the PSAPs in their operations receiving 9-1-1 calls and dispatching the appropriate public safety personnel; and
WHEREAS, the Agreement has been negotiated between DUPAGE ETSB and its PSAPs in accordance with the DU PAGE ETSB ordinance, the Illinois Code, Illinois Law, and FCC Regulation; and
WHEREAS, the DU PAGE ETSB lacks the statutory authority to enter an Intergovernmental Agreement on its own behalf, and must seek approval by the DuPage County Board to delegate the DuPage County Board’s authority to the Chair of the DU PAGE ETSB to execute the Agreement with DU PAGE ETSB’s Members.
NOW, THEREFORE BE IT RESOLVED, by the DU PAGE ETSB that the attached Agreement is hereby accepted and approved this 11th Day of October, 2023 at Wheaton, Illinois; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the DU PAGE ETSB hereby requests that the County Board enter into the Agreement with the PSAPs on its behalf; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Members of the DuPage County Board hereby authorize the Chair of DU PAGE ETSB, to execute the attached agreement between the PSAPs and the DU PAGE ETSB on behalf of DU PAGE ETSB; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the DuPage County Board on behalf of DU PAGE ETSB hereby agrees to undertake any power, duty, or obligation, consistent with the those set forth in the Agreement attached as Exhibit 1 to this Resolution, and consistent with the Emergency Telephone System Act, as part of any agreement entered into with another government entity by the County for the purposes set forth in this resolution and those set forth in the Intergovernmental Agreement attached as Exhibit 1.
AND BE IT FURTHER RESOLVED, that the Clerk transmit a copy of this resolution to the Chairman of the County Board forthwith.
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Enacted and approved 14th day of November, 2023 at Wheaton, Illinois.
________________________________
GREG SCHWARZE, CHAIRMAN
EMERGENCY TELEPHONE SYSTEM BOARD
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK