ROCKLAND FIRE PROTECTION DISTRICT
- VILLAGE OF LIBERTYVILLE CITY OF LAKE FOREST - LIBERTYVILLE FIRE PROTECTION
DISTRICT
FIRE
AND AMBULANCE SERVICE INTERGOVERNMENTAL AGREEMENT
This agreement
("Agreement") is entered into the 11th day of September, 2018
by and between the Rockland Fire Protection District, a unit of local Lake
County, Illinois (the "District"), the Village of Libertyville, a
municipal corporation in Lake County, Illinois (the "Village"), The
City of Lake Forest, a home rule municipal corporation in Lake County, Illinois
( the "City"), and the Libertyville Fire Protection District, a unit
of local government in Lake County, Illinois (the "LFPD").
WITNESSETH:
WHEREAS, the District
is organized and operates pursuant to the laws of the State of Illinois,
including but not limited to the Fire Protection District Act (the
"Act," 70 ILCS 705/0.01 et seq.); and
WHEREAS, Section 6(a)
of the Act (70 ILCS 705/6(a)) provides that the District's Board of Trustees
("District Board") is the corporate authority for the District; and
WHEREAS, Section 6(i) of the Act (70 ILCS 705/6(i))
provides that the District Board has full power to pass all necessary
ordinances, and rules and regulations for the proper management and conduct of
the business of the District Board for carrying into effect the objects for
which the District was formed; and
WHEREAS, Section 1 1
of the Act (70 ILCS 705/11) provides that the District Board has 
the
power and it is its legal duty and obligation to provide as nearly adequate
protection from fire for all persons and property within the District as
possible and to prescribe necessary regulations for the prevention and control
of fire therein; and
WHEREAS, Section 11
of the Act (70 ILCS 705/11) further provides that the District may provide and
maintain life-saving and rescue equipment, services and facilities, including
an emergency ambulance service, and has the power to adopt and enforce fire
prevention codes and standards parallel to national standards; and
WHEREAS, Section 1 la
of the Act (70 ILCS 705/1 la) provides that the District Board may contract
with any city, village, incorporated town, or organized fire protection
district lying adjacent to the District for fire protection service; and
WHEREAS, the District
is authorized to provide and provides fire and emergency ambulance services to
residents and properties within the District (70 ILCS 705/22); and
WHEREAS, Section 22
of the Act (70 ILCS 705/22) further provides that the District Board may
contract with providers of ambulance service or combine with other units of
governments for the purpose of providing ambulance service; and
WHEREAS,
pursuant to an intergovernmental agreement between the Village and the
District,
the Village currently provides emergency ambulance services to the District;
and
WHEREAS,
the Village and the City are organized and operate pursuant to the laws of the
State of Illinois, including but not limited to the Illinois Municipal Code
(the "Code," 65 ILCS 5/1-1-1 et seq.); and
WHEREAS,
the City is a home rule municipality under Article VIl, Section 6(a) of the
Illinois Constitution and, pursuant to Section 3 of the Intergovernmental
Cooperation Act, may exercise its home rule powers, privileges, functions and
authority jointly with other units of government; and
WHEREAS,
Section 11-6-1 of the code (65 ILCS 5/11-6-1) provides that the Village and the
City may provide and operate fire stations, and all material and equipment that
is needed for the prevention and extinguishment of fires, and may enter into
contracts or agreements with other municipalities and fire protection districts
for mutual aid consisting of furnishing equipment and staffing from and to such
other municipalities and fire protection districts; and
WHEREAS,
the Village and the City are authorized and respectively provide fire and
emergency ambulance services to residents and properties within their respective
corporate boundaries, as well as to properties beyond their corporate limits by
contract and agreement; (See, inter alia, 65 ILCS 5/11-6-2; 65 [LCS 5/11-5-7,
and 65 ILCS 5/11-5-7.2); and
WHEREAS,
LFPD is organized and operates pursuant to the laws of the State of Illinois,
including but not limited to the Act, and its Board of Trustees (the "LFPD
Board") is the corporate authority for the LFPD; and
WHEREAS,
Section 6(i) of the Act (70 ILCS 705/6(i)) provides that the LFPD Board has
full power to pass all necessary ordinances, and rules and regulations for the
proper management and conduct of the business of the LFPD Board for carrying
into effect the objects for which the LFPD was formed; and
WHEREAS,
pursuant to an intergovernmental agreement between the Village and LFPD, the
Village provides certain ambulance services from a station owned by the LFPD
and located on Atkinson Road (the "LFPD Station"); and
WHEREAS,
Article VIl, Section 10 of the Illinois Constitution of 1970 authorizes units
of local government "to obtain or share services and to exercise, combine,
or transfer any power or function, in any manner not prohibited by law or
ordinance"; and
WHEREAS,
the Intergovernmental Cooperation Act, 5 ILCS 220/3, provides that any power or
powers, privilege, or authority exercised or which may be exercised by public
agency may be exercised and enjoyed jointly with any other public agency of the
State; and
WHEREAS,
the District, the Village, the City, and LFPD arc units of local government and
public agencies as defined by the Illinois Constitution and statute; and
WHEREAS,
the District is interested in obtaining fire and ambulance services from the
Village and the City; and
WHEREAS,
the Village and the City are amenable to providing fire and ambulance services
to the District; and
WHEREAS,
the corporate authorities of the District, the Village, the City, and LFPD,
having studied the matter and on advice of staff, find and determine that
Village and City's provision of fire and ambulance services to the District as
further set forth in this Agreement is in the best interest of the residents
and businesses of the District, Village, City and LFPD for the duration of this
Agreement or until notice is given by one party to the others under terms of
this Agreement.
NOW,
THEREFORE, in consideration of the mutual promises herein stated and other good
and valuable consideration, the sufficiency of which is hereby acknowledged by
the District, Village, the City, and LFPD, the parties do hereby agree as
follows.
l . Incorporation
of Recitals. The above captioned recitals are incorporated herein as if
written in
2.
Term
of Agreement. Subject to the terms of Paragraph 12, this
Agreement will be for the term of twenty (20) years, commencing October l,
2018, and ending at midnight on September 30, , 2038.
3.
Village
and City Services provided to the District. The Village and the
City will provide qualified personnel and equipment to provide fire and
emergency ambulance services (as more specifically set forth in Attachment 2,
attached hereto and incorporated herein) to residents and properties within
their assigned sectors of the District as more fully set forth in Paragraph 14
of this Agreement. The Village and the City will, to the best of their ability
and as reasonably and operationally practicable, provide such services on the
same basis as each provides these services to residents and properties within
their corporate limits, consistent with statutory and regulatory guidelines
(hereinafter, the "Fire and Ambulance Services"). The Village and the
City shall participate in such mutual—aid and auto-aid back up programs as each
deems appropriate from time-to-time for service to residents and properties
within their respective sectors of the District's territory.
4.
Village
and City Compensation from the District for Fire and Ambulance Services
Provided.
a.
Payments.
For
Fire and Ambulance Services provided by the Village and the City to the
District in all areas to be known as D-46 and D-42 (as reflected in Attachment
1, which is attached hereto and made a part hereof), during the period of
October 1, 2018 through September 30, 2038, the District shall compensate the
City and the Village with an "Annual Service Fee" per the following
schedule:
1.
October 1 2018 to April 30, 2019 - $262,500
(prorated 7/12 of
$450,000)
with $131,205 due on or about October l, 2018 and
$131,205
due January l, 2019
2.
May 1, 2019 to April 30, 2020 - $450,000
3.
May 1, 2020 to April 30, 2021 - $496,000
4.
Every May 1, to April 30, through the end of
the Agreement payments will increase as detailed in this agreement.
5. Final
payment for May 1, 2038 to September 30, 2038 to be prorated
The
District will pay the Annual Service Fee in equal quarterly installments on
each October 1, January 1, April 1, and July 1 for each year of the Agreement
with the first quarterly payment of $65,625 due October 1, 2018. The District
will remit full quarterly installment to the City. The City will remit to the
Village its share of each payment received from the District pursuant to
Paragraph 4, within thirty (30) days of such payments being received by the
City.
b. Payment
Formula for Fee Increases.
The
Annual Service Fee shall increase in accordance with the following formula:
Starting
May 1, 2021 and continuing every May 1 thereafter, the Annual Service Fee to be
paid by the District shall increase based on the change in the Consumer Price
Index ("CPI") as defined in the Property Tax Extension Limitation Law
(35 ILCS 200/18-185); provided, however, that the Annual Service Fee will not
increase by more than the CPI or 4%, whichever is less. If, however, the tax
cap CPI for the prior fiscal year is below 2.0%, the District agrees to
increase the payment at a rate which is equal to one-half the difference
between the CPI and the average Fire Department budget increase rate of the
Village and City. (Example: CPI = 1.5%; average Fire Department Budgets
increase rate = 3.5%; the payment increase rate would be 2.5%). In the event
there is a significant increase in the adopted Fire Department Budgets from the
previous fiscal year (5% or more), the Village, City and District agree to meet
and discuss whether to adjust the year's percentage increase.
c. Reimbursement
for Ambulance Transports.
In
addition to the Annual Service Fee, and pursuant to regulations promulgated by
the Center for Medicare and Medicaid Services of the U.S. Department of Health
and Human Services, the Village and the City may bill District residents and
persons receiving Village and City ambulance services pursuant to this
Agreement. The Village and the City shall retain all proceeds from any
reimbursement thus recovered. Reimbursement rates for District residents shall
be established jointly by the corporate authorities of the Village and the
City, and the reimbursement rate for District residents shall be uniform
throughout the District and shall not exceed the reimbursement rate for
residents of the Village, the City, and LFPD. The Village and the City agree to
set transport rates for District Residents.
The
Village and the City shall provide the District regular and routine reports
when requested, but typically not less than a quarterly basis, to the District
Board of rates of and amount of reimbursements for ambulance services the
Village and the City receive. The Village and the City agree to inform the
District of any changes to the reimbursement rates promptly.
d. Allocation
of Annual Service Fee between the City and the Village.
The
Village and the City hereby agree to equally share the allocation of the Annual
Service Fee moneys received from the District (ie: 50/50). The amount of the
Village's share of the Annual Service Fee shall hereinafter be referred to as
the "Village Allocation"; the amount of the City's share of the Annual
Service Fee shall hereinafter be referred to as the "City
Allocation."
5.
LFPD
Compensation from the Village Allocation for Use of LFPD Station. As
compensation to LFPD for the Village's use of the LFPD Station in connection
with the Village providing Fire and Ambulance Services to the District pursuant
to this Agreement, the Village shall remit to LFPD 22.50% of all of the Village
Allocation of the Annual Service Fees (the "LFPD Share"). The Village
shall remit the LFPD Share within thirty (30) days of the Village's receipt of
any payment of the Village Allocation of the Annual Service Fee.
6.
Miscellaneous
Provisions.
a. Personnel
and Equipment. The Parties agree that Village and City personnel and equipment
providing Fire and Ambulance Service to the District pursuant to this Agreement
remain, respectively, Village employees and equipment and City employees and
equipment.
b. Insurance.
The Village and City shall each maintain commercial general liability
insurance, business auto liability insurance for their respective vehicles, and
workers' compensation/employer's liability insurance for their respective
employees as required by law with respect to the Village and City's provision
of Fire and Ambulance Services. Coverages provided through intergovernmental
self-insurance pools shall satisfy the requirements of this paragraph.
The
Village agrees to add the LFPD as an additional insured under all liability
insurance policies covering the Village as such policies relate to the services
provided in this contract, including, but not limited to Property Damage,
General Liability, and Workers' Compensation.
c. Indemnifications.
i.
The Village shall, to the extent permitted by law, indemnify, hold harmless and
defend the District, City and LFPD, their officials, officers, employees, and
agents from and against all liability, claims, suits, demands, proceedings and
action, including reasonable attorney's fees, costs, fees and expense of
defense, arising from, growing out of, or related to any loss, damage, injury,
death, or loss or damage resulting from or connected with the sole negligent or
willful acts, errors or omissions of the Village in providing Fire and
Ambulance Service under this Agreement.
11.
The City shall, to the extent permitted by law, indemnify, hold harmless and
defend the District, Village and LFPD, their officials, officers, employees,
and agents from and against all liability, claims, suits, demands, proceedings
and action, including reasonable attorney's fees, costs, fees and expense of
defense, arising from, growing out of, or related to any loss, damage, injury,
death, or loss or damage resulting from or connected with the sole negligent or
willful acts, errors or omissions of the City in providing Fire and Ambulance
Service under this Agreement.
111.
The District shall, to the extent permitted by law, indemnify, hold harmless
and defend the Village, City, and LFPD, their officials, officers, employees,
and agents from and against all liability, claims, suits, demands, proceedings
and action, including reasonable attorney's fees, costs, fees and expense of
defense, arising from, growing out of, or related to any loss, damage, injury,
death, or loss or damage resulting from or connected with the negligent or
willful acts, errors or omissions of the District with respect to its
performance of Fire and Ambulance Services regardless of the location where
such claims arise.
iv. Nothing contained herein shall be construed
as a limitation or waiver of defenses available to the District, Village, City
and LFPD, including but not limited to the Tort Immunity Act.
d. The
Village and City Fire Chiefs, or their designated representatives, will coordinate
the efficient and expeditious provision of Fire and Ambulance Service by the
Village and City to the District as circumstances, available resources and
competing demands permit. The Village, City and District agree that such
coordination may be implemented though the 911 Dispatch System.
e. Service
Control. The Fire Chief or senior ranking Officer from the Village and City
shall, upon arriving at the scene in their respective assigned sectors of the
District territory, have the responsibility and authority to direct and control
resulting fire, hazardous material, rescue, emergency medical or ambulance
services to be provided, subject to direction from the regional Emergency
Medical System supervisory hospital for ambulance calls.
The
Village and City Fire Chiefs, or their designated representatives, will submit
regular monthly reports on Services provided for the preceding month to the
District Board, and will notify the District Board of any significant or
noteworthy Service-related event occurring in the District.
7.
Choice
of Law and Dispute Resolution. This Agreement shall be
construed and interpreted according to the laws of the State of Illinois. In the
event a dispute arises between the District and Village or the City and the
District regarding Fire and Ambulance Services provided in the assigned sectors
of the District territory, the Village and District or the City and the
District agree to pursue non-binding mediation in an effort to resolve the
dispute with final jurisdiction agreed to lie with a court having competent
jurisdiction in Lake County, Illinois.
8.
Approval.
The District, the Village, the City and LFPD shall take such steps as are
necessary under the law to approve, and to authorize the execution and delivery
of this Agreement.
9.
Complete
Agreement and Amendment. This Agreement memorializes the full
and complete understanding of the District, the Village, the City and LFPD.
This Agreement may be amended at any time by the mutual consent of the parties
hereto, expressed in a written instrument executed and delivered with the same
formality with which this instrument was executed and delivered
10.
Severability.
The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason
held to be contrary to law, or contrary to any rule or regulation having the
effect or force of law, such decision shall not affect the validity of the
remaining portions or the Agreement
I l
. Notice. All notices provided for in this
Agreement shall be in writing and may be given by personal delivery, recognized
overnight delivery service (deemed delivered the next business day), facsimile
(deemed delivered when received per fax receipt) or by certified or registered
mail, return receipt requested, postage prepaid (deemed delivered two days
after deposited in the United States Mail). Notices shall be addressed as
follows:
If
to the Rockland Fire Protection District:
Rockland
Fire Protection District
