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O-13-40VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-40 AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENTS AMONG LAKE COUNTY, THE VILLAGE OF RIVERWOODS AND THE VILLAGE OF DEERFIELD TO PROVIDE EMERGENCY CALL ROUTING AND DISPATCH SERVICES FOR RIVERWOODS WHEREAS, the Village of Riverwoods ("Riverwoods") is a member of the Lake County Emergency Telephone System Board (the "LCETSB"); and WHEREAS, after forming its own police department, Riverwoods entered into a certain Intergovernmental Agreement with the LCETSB and the Village of Lincolnshire ("Lincolnshire") in which Lincolnshire agreed to provide emergency call routing and dispatch for Riverwoods through Lincolnshire's emergency dispatch center, and LCETSB agreed to distribute Riverwoods' share of LCETSB's 9-1-1 landline surcharge revenue to Lincolnshire; and WHEREAS, Lincolnshire has notified Riverwoods and the LCETSB that it will be closing its emergency dispatch center and will no longer be able to provide emergency call routing and dispatch services to Riverwoods; and WHEREAS, Riverwoods has requested that the Village of Deerfield agree to handle emergency 9-1-1 calls and dispatch services originating within the territory of the Village of Riverwoods through the Deerfield emergency dispatch center in consideration of certain payments to be made to Deerfield to compensate Deerfield for the cost of providing such emergency call handling and dispatch services; and WHEREAS, Deerfield and Riverwoods have negotiated an agreement, subject to ICC approval, for Deerfield to provide call handling and dispatch services for 9-1-1 calls within the territory of Riverwoods, and for certain payments to Deerfield, which will commence upon the turnover of call handling and dispatch services from Lincolnshire to Deerfield (the "Deerfield - Riverwoods Agreement'); and WHEREAS, Deerfield, Riverwoods and the LCETSB have also negotiated an Intergovernmental Agreement (the" 3-Party IGA") to provide for surcharge funds attributable to 9-1-1 landline calls originating from Riverwoods, which are currently paid to the LCETSB, to be transmitted by LCETSB to the Village of Deerfield up to a maximum of $25,000.00 per calendar year; and WHEREAS, Lake County, the Village of Deerfield and the Village of Riverwoods are units of government which are authorized to enter into the 3-Party IGA pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act; and WHEREAS, the Village of Deerfield and the Village of Riverwoods are units of government which are authorized to enter into the Deerfield -Riverwoods Agreement pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act; and WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield to authorize and approve the 3-Party IGA providing for Village of Riverwoods emergency call routing to the Deerfield dispatch center and surcharge reimbursement by the LCTESB, a copy of which is attached hereto as Exhibit A hereof, -2- WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield to authorize and approve the Deerfield - Riverwoods Agreement to authorize Deerfield to provide emergency call handling and dispatch services for Riverwoods pursuant to the terms and conditions set forth therein, a copy of which is attached hereto as Exhibit B hereof; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the corporate authorities of the Village of Deerfield do hereby authorize and approve the 3-Party IGA by and among the LCETSB, Riverwoods and Deerfield, a copy of which is attached hereto as Exhibit A, and authorize and direct the Mayor and Chief of Police of the Village of Deerfield to execute said agreement for and on behalf of the Village of Deerfield in substantially the form attached hereto. SECTION 2: That the corporate authorities of the Village of Deerfield do hereby authorize and approve the Deerfield -Riverwoods Agreement by and among Riverwoods and Deerfield, a copy of which is attached hereto as Exhibit B, and authorize and direct the Mayor and Chief of Police of the Village of Deerfield to execute said agreement for and on behalf of the Village of Deerfield in substantially the form attached hereto. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of -3- this Ordinance should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 4: That this Ordinance shall be in full force and effect upon its passage and approval as provided by law. PASSED this 3rd day of September , 2013. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED thi. 3rd _ day of September , 2013. ATTEST: Village Cl rk -4- Village Pre ident Lakg County Emergency 7eCephone System Board 9-1-1 Plan JKofiifuation Packet Content X Cover Letter to Chief Clerk X Petition X Verification X Letter of Intent to AT&T X General Information Page X Community Page X Narrative X Exhibit 3 (System Participants) X Exhibit 4 (Adjacent agency list) X AT&T network diagrams X Exhibit A (Intergovernmental Agreement X Exhibit B (Alternate Routing Agreement X Exhibit C (Addendum to Alternate Routing Agreement VV Lake County �� LakeCounty Emergency 2efephone System Board 1300 SS G&et 4�C vok, IL 60073 Phone. 847487--8163 9747G 847-740-2398 Dave Dato Chairman August 12, 2013 Dan Venturi Vice -Chairman Jeannine Thompson ENP, RPL Coordinator/Manager Elizabeth Rolando Lisa Jacobson Illinois Commerce Commission cIS Analyst 527 East Capitol Avenue Springfield, IL 62701 Steven Winnecke Director of IT Dear Ms. Rolando: Please find enclosed an original and three copies of an application for approval of the modification of the original 911 application & the first modification (docket # 05-0579) for the County of Lake, Illinois. Sincerely, Jeannine Thompson, ENP, RPL Coordinator Lake County ETSB STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION County of Lake, Illinois Petition for Approval of modification PETITION Now comes the County of Lake, Illinois, and requests Illinois Commerce Commission approval of the modification and in support thereof states as follows: 1. Attached hereto and incorporated herein as though fully set forth the Modification Plan for the County of Lake, "9-1-1" Emergency Telephone Number System. 2. A duplicate original of said Modification Plan has been filed by mail with AT&T Telephone Company. 3. The Modification Plan is intended to comply with the terms and provisions of "An Act in relation to the designation of an emergency telephone number for use throughout the State." WHEREFORE, your Petitioner, the County of Lake, Illinois, a municipal corporation, prays that the Illinois Commerce commission: (1) give notice of and conduct a public hearing on this Petition and Modification Plan at the earliest possible date; (2) enter an Order approving the Modification Plan submitted herewith and authorizing the modification of the 9-1-1 Emergency Telephone System described herein. County of Lake, Illinois 11"It.-�VAXI Je nine Thompson, ENP, RPL Coordinator VERIFICATION I, Jeannine E. Thompson, first being duly sworn upon oath, depose and say that I am Coordinator of the Emergency Telephone System Board, County of Lake, Illinois. That I have read the above and foregoing petition by me subscribed and know the contents thereof, that said contents are true in substance and in fact, except as to those matters stated upon information and belief and as to those, I believe same to be true. Coordinator Subscribed and sworn to before me This day ofs'4,/ 2013. 614 NOTARY PjdBLIC, ILLINOIS 0 IMI Sul Alice M Jacobson Notary Pubtic Stets of Illinois My Comm[ Expires 061102015 Lake County vV+ Emergency ?ekpFione System Board it 1300 S. Csfiner 4�C Vofo, IL 60073 Dave Dato Chairman Dan Venturi vice -Chairman Jeannine Thompson ENP, RPL Coordinator/Manager Lisa Jacobson G1S Analyst Steven Winnecke Director of rr None. 847-487-8163 479 847-740-2398 August 12, 2013 Paul Stoffels AT&T 4918 W 95" St. Oak Lawn, IL 60453 Dear Mr. Stoffels; 9NI s1 This letter is to confirm our intent to modify the Lake County E9-1-1 System. The selective routing feature for the enhanced 9-1-1 system will be provided by the local exchange carrier(s). We assume, unless otherwise notified, that the 9-1-1 System will be modified and in operation by October 1, 2013. Public phones under your jurisdiction will also be posted and operational with 9-1-1 coin free dialing. Enclosed is your copy of our application to the Illinois Commerce Commission for approval for establishing 9-1-1 service. Thank you for your attention to this matter. Sincerely, --�-�J \ JG<�nnine Thompson, ENP, RPL Coordinator Enclosure: application 9-1-1 GENERAL INFORMATION Date: August 12, 2013 Proposed Operational Date: Submitted by: Lake County Final Plan X Modification of an Existing System — I.C.C. Docket Numbers 93-0071 & 05-0579 Total Population served: 224,644 Total Access Lines: 219,366 Total Land Area Covered in Square Miles: 457 PSAP 9-1-1 System Liaison to the Commission: Jeannine E. Thompson ENP, RPL 9-1-1 Coordinator 1300 S. Gilmer Rd Volo, IL 60073 847-487-8163 847-344-8711 COMMUNITIES SERVED City, Town or Village Street address, City, Zip Code Village of Beach Park 11270 W. Wadsworth Rd., Beach Park, IL 60090 Village of Deer Park 23680 W. Cuba Rd., Deer Park, IL 60010 Village of Port Barrington* 69 South Circle Ave., Port Barrington,IL 60010 2020 O'Plaine Rd., Green Oaks, IL 60048 Village of Green Oaks Village of Hawthorn Woods 2 Lagoon Dr., Hawthorn Woods,lL 60047 Village of Indian Creek 224 Rt. 45, Indian Creek, IL 60060 Village of Island Lake 3720 Greenleaf Ave., Island Lake, IL 60042 Village of Kildeer 21911 Quentin Rd., Kildeer, IL 60047 Village of Lake Barrington 23860 Old Barrington Rd., Lake Barrington,IL 60010 Village of Lake Zurich 70 E. Main Street, Lake Zurich, IL 60047 Village of Lakemoor 234 W. Rand Rd., Lakemoor, IL 60050 Village of Long Grove 3110 Old McHenry Rd., Long Grove, IL 60047 Village of Mettawa 1026 Allanson Rd., Mundelein, IL 60060 Village of North Barrington I I I Old Barrington Rd., North Barrington,IL 60010 Village of Old Mill Creek 40870 N. Hunt Club Rd., Wadsworth, IL 60083 Village of Third Lake 87 North Lake Ave., Third Lake, IL 60046 Village of Wadsworth 14155 Wadsworth Rd., Wadsworth, IL 60083 Village of Volo 27273 Volo Village Rd., Volo, IL 60073 Village of Wauconda 101 N, Main Street, Wauconda, IL 60084 Formerly known as rox IClver Valley UBToens 08/12/2013 NARRATIVE STATEMENT The Lake County ETSB was granted authority to operate an E911 system in docket 93- 0071. The purpose of this petition is to request a modification of the original E911 application and modification docket # 05-0579. The Lake County ETSB has agreed to enter into an Intergovernmental Agreement for Deerfield to Dispatch for Riverwoods. An Intergovernmental Agreement has been reached between the County of Lake with its ETSB and the Village of Deerfield with its ETSB, along with the Village of Riverwoods. A copy of said Agreement is attached as Exhibit A . This agreement is possible since the Village of Riverwoods now operates its own police department and has entered into an intergovernmental agreement with the Village of Deerfield for Police and Fire Dispatch for the Village of Riverwoods. The Village of Riverwoods is serviced by the Riverwoods Police Department, The Lincolnshire/Riverwoods Fire Protection District and the DeerfieldBannockbum Fire Protection District. Fire and rescue 9-1-1 calls received for the aforementioned fire protection districts are dispatched by RED Center. Although Riverwoods will continue to be part of the LCETSB, its land -line police emergencies will be dispatched by the adjacent agency, the Deerfield PSAP and fire and rescue emergencies will be transferred by the Deerfield PSAP to the RED Center for dispatch. A Call Handling Agreement between the Village of Riverwoods and the adjacent Deerfield PSAP has already been approved by both entities. Even after ICC approval of the plan modification and, pursuant to Illinois statute, the Lake County ETSB will continue to collect the $.75 surcharge for the Village of Riverwoods residents. A separate, cost -sharing, intergovernmental agreement has been negotiated between Lake County/Lake County Emergency Telephone System Board and the Village of Deerfield/Deerfield Emergency Telephone System Board and the Village of Riverwoods. See Exhibit A . 08/12/13 d a 0 b�b�+tr) a � A C) i Q Q 0o0 A O O 00 tn z 0 0\ O 3 r, 0o z p O oo p O p 00 �UZ � + U� 0rn �N N� r.� O M v1rn.-� a � �� v� do'�� ^7 I a4 ed� 00 V � N � R ;w CN i 00 U xi C-4 = 00 Q § 2 � O C> � Q 3 �7 ? 2 �./o cr) a ail En07 B�q kk ?k H -t n a \ 2 f \ a O # # 8.> — k ? 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H I.COLLOMILt—x Qml-w00 -ia3 Q W Y z�W� m nizzz ZUUUUUO�xW L9 ~ O Q ^ ^ ^ K ^ Boo Boo a 000 Y a ono r I m Y j eD OA F n W = U U a W J ZZnX�[ W � 7 N w Z w Z D O w Y a J w 0 LL W O J R Z O U iu V LL 0 a z wN WY ~ J Z �a LL a a 0 0 0 a z oo So =x m� x� W �9 mLL a OOp O a rF W W W a a o xx 00 U Vl 000 � a r z0 00 IL z �� OOOI 3 A W I� OaW 42 CSW To' �LLag nw fY.- -— ORRUH.dm W m 7 zzzZ,N W W AAA A ri 5 5 n GF ca � z � Iw ai O�� 0 KWZ Z mK >UaaJd�Q r OzNFO QUmU�� M1�Fm aO U -4�OWaJ 'wwwFU�0aooaJIF-O0?:owZO ¢ 0IL C)J22aF-N>�X to Y Mils w w 7zzzzPsxtYYWYY Wa222 0 $�nnnn n 0 N N N r 0 m O J } Z Z) 0 w a 0 Y 1— w Z d) w Exhibit A INTERGOVERNMENTAL AGREEMENT FOR VILLAGE OF RIVERWOODS CALL ROUTING AND SURCHARGE REIMBURSEMENT THIS AGREEMENT ("Agreement") is entered into by and between the COUNTY OF LAKE, a body politic and corporate, hereinafter referred to as the "COUNTY," the VILLAGE OF DEERFIELD, an Illinois home rule municipality, hereinafter referred to as "DEERFIELD," and the VILLAGE OF RIVERWOODS, an I11' is home le municipality, hereinafter referred to as "RIVERWOODS" as of this day of 2013. RECITALS A. The COUNTY owns the Lake County Emergency Telephone System Board (the "LCETSB"), an agency of the COUNTY, and operates a county -wide 9-1-1 Emergency Call Taking and Dispatching System pursuant to the statutes of the State of Illinois (50 ILCS 750/0.01, et seq.); and B. RIVERWOODS is a member of the LCETSB pursuant to statutory referendum (50 ILCS 750/0.01, et seq.). C. DEERFIELD has formed its own Emergency Telephone System Board (the "DEERFIELD BANNOCKBURN ETSB") and has its own public safety answering point (the "DEERFIELD PSAP"), and is not a member of the LCETSB. D. Prior to forming its own police department, RIVERWOODS relied on the Lake County Sheriff s Office for police protection and the Lake County Sheriff's Office Public Service Answering Point (the "Lake County PSAP") to receive 9-1-1 calls dispatch emergency services. E. COUNTY, RIVERWOODS and the Village of Lincolnshire, an Illinois home rule municipal corporation ("Lincolnshire"), entered into a certain "Lake County/Village of Lincolnshire/Village of Riverwoods Intergovernmental Agreement for Call Routing and Surcharge Reimbursement" (the "Contrast") in 2005 to provide for the Lincolnshire PSAP to provide 9-1-1 call handling and dispatch services, and the COUNTY, RIVERWOODS and Lincolnshire agreed in said contract for all land line calls received within RIVERWOODS to be routed to the Lincolnshire PSAP, for certain modifications to the 9-1-1 ESN Routing Plan and for LCETSB to reimburse Lincolnshire a proportionate share of the surcharge funds attributable to 9-1-1 land line calls from within RIVERWOODS territory up to a maximum of twenty-five thousand dollars ($25,000.00) per calendar year to facilitate Lincolnshire PSAP's handling calls and dispatching services for 9-1-1 land line emergency calls emanating from telephone land lines within the RIVERWOODS territory. F. Lincolnshire has notified RIVERWOODS that it intends to terminate such call handling and dispatch services for 9-1-1 land lines calls within the territory of RIVERWOODS, and RIVERWOODS and DEERFIELD have reached an agreement, subject to approval by the ICC and the approval of this Agreement, for the DEERFIELD PSAP to provide call handling and dispatch services for all 9-1-1 calls within the territory of RIVERWOODS, including 9-1-1 landline calls, upon turnover of the RIVERWOODS call handling and dispatch services from Lincolnshire to DEERFIELD. G. The LCETSB will continue to collect all surcharge funds arising from all land line facilities providing service to the territory within RIVERWOODS, as well as the rest of the LCETSB's service area, pursuant to 50 ILCS 750/15.3. H. COUNTY agrees that all surcharge funds previously transferred from LCETSB to Lincolnshire on behalf of RIVERWOODS shall, as provided in this Agreement, be transferred to DEERFIELD on behalf of RIVERWOODS upon the termination of the Contract and joint notice from DEERFIELD and RIVERWOODS that all call handling and dispatch services for all 9-1-1 calls within the territory of RIVERWOODS has been turned over to the DEERFIELD PSAP. I. Pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the provisions of the Illinois Intergovernmental Cooperation Act (5 ILCS 221.1 et, seq.), DEERFIELD's home rule powers, and other applicable authority, COUNTY, DEERFIELD and RIVERWOODS are authorized to enter into this Agreement; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, COUNTY, DEERFIELD and RIVERWOODS hereby agree as follows: SECTION 1: Recitals. The above and foregoing recitals, being true, correct and material to this Agreement, are hereby incorporated and made a part of this Agreement as if full set forth herein. SECTION 2: Riverwoods Call Handfina and Dispatch Services. Subject to approval by the ICC, all calls received from within RIVERWOODS will be routed to the DEERFIELD PSAP. The DEERFIELD PSAP will provide call handling service for all 9-1-1 calls within the territory of RIVERWOODS. The LCETSB and the DEERFIELD BANNOCKBURN ETSB will cooperate in submitting 9-1-1 ESN Routing Plan Modifications (the "Plan Modifications") to the ICC to affect such re-routing of calls and shall provide for such testing to ensure an orderly turnover of call handling responsibility to the DEERFIELD PSAP. SECTION 3: Surcharge Funds Collection. The LCETSB will continue to collect all surcharge funds arising from all land line telephone facilities providing service to the territory within RIVERWOODS as well as the rest of the LCETSB's service area pursuant to 50 ILCS 750/15.3. -2- SECTION4: Surcharge Reimbursement. The LCETSB will pay to DEERFIELD BANNOCKBURN ETSB a proportionate share of the surcharge funds attributable to 9-1-1 land line calls from within RIVERWOODS territory, up to a maximum of twenty-five thousand dollars ($25,000.00) per calendar year, to facilitate DEERFIELD PSAP's handling (taking calls and dispatching services) the 9-1-1 land line emergency calls emanating from telephone land lines within the RIVERWOODS territory. The payment of said funds will not occur unless and until LCETSB receives the surcharge funds from the telecommunications carriers who are charged by Illinois statute with collecting and dispersing said surcharge funds. If payment to LCETSB is late and/or decreased, LCETSB's obligation to DEERFIELD shall be delayed and/or reduced to the same extent, but such obligation shall be reinstated to the extent that the telecommunications carriers make up any prior underpayment. SECTION 5: Use of Surcharge Funds. Surcharge funds transferred from LCETSB to DEERFIELD on behalf of RIVERWOODS may only be used for approved expenses as listed in Section 750/15.4 of the Illinois Emergency Telephone System Act (50 ILCS 750/15.4). Further, any of these aforementioned funds used to compensate call taking, emergency services dispatchers must also comply with guidelines articulated in two Illinois Attorney General Opinions directed to this issue (1998 Ill. Atty. Gen. Op. 024 and 1998 Ill. Atty. Gen. Op. 009). These standards shall apply until and unless subsequent case law, public Illinois Attorney General opinions or legislative enactments revise or alter such standards. SECTION 6: Deerfield Records. DEERFIELD will retain all financial records related to the receipt of LCETSB surcharge funds and subsequent expenditure for at least three (3) years after each payment and, upon request, will make available for inspection and copying by a duly authorized agent of LCETSB, wage records, equipment invoices, expenditure detail and any other relevant notes or documents as will allow LCETSB to verify continued compliance with Section 5 of this Agreement. The COUNTY will have the absolute right to terminate this Agreement for cause upon thirty (30) days written notice to the other Parties. After giving written notice advising of the COUNTY's disapproval of any particular expenditure of funds, all parties will attempt, in good faith, to reconcile any disagreements within thirty (30) days. During such time as the disputed use of funds has not been resolved DEERFIELD will cease making expenditures for the purposes to which the COUNTY has objected. If there is no reconciliation within thirty (30) days the decision of the COUNTY is final. SECTION 7: OuarterIv Payments bi LCETSB. Said payment for call handling services will be paid to DEERFIELD BANNOCKBURN ETSB quarterly and within sixty (60) days of the end of each quarter after LCETSB receives the funds from the telecommunications carriers. The quarterly payment periods will coincide with the LCETSB fiscal year quarters. To ensure the accuracy of calculations for the line -count based payments, LCETSB will request annual, exact line -count reports from the telecommunications carriers. These annual reports will form the basis for the quarterly payments for the relevant fiscal year. If there is a charge to LCETSB for the annual line -3 - count reports, said costs will be borne by RIVERWOODS and may be deducted from the quarterly payments, or otherwise invoiced to and paid by RIVERWOODS. SECTION 8: Indemnification. RIVERWOODS and DEERFIELD agree to defend themselves in any actions brought against them in connection with or as the result of this Agreement and agree to defend, indemnify and hold the COUNTY harmless and free from liability of any kind whatsoever resulting from the acts or conduct of RIVERWOODS or DEERFIELD or those of their agents or representatives or employees in the performance of this Agreement or in the furtherance thereof. SECTION 9: Effective Date. This Agreement shall be effective on the date on which all of the Parties shall have signed this Agreement (the "Effective Date"), provided that the Parties shall not be required to perform hereunder unless and until (i) the Plan Modifications are approved by the ICC, and (ii) COUNTY has received written notice from DEERFIELD and RIVERWOODS that 9-1-1 calls have been re-routed and call - handling responsibility for such call has been turned over to the DEERFIELD PSAP, SECTION 10: Consideration. The redirection of the LCETSB surcharge funds to DEERFIELD on behalf of RIVERWOODS will comprise the complete and total financial benefit to RIVERWOODS as a member of the LCETSB. SECTION 11: Notices. All notices required to be sent by the respective parties to this Agreement shall be given as follows: COUNTY Barry A. Burton County Administrator Lake County Administrator's Office 18 N. County Street Waukegan, IL 60085 and Dave Dato (or his successor in office) Chairman, Lake County ETSB 1303 N. Milwaukee Avenue Libertyville, IL 60048 DEERFIELD John Sliozis Chief, Deerfield Police Department 850 Waukegan Road Deerfield, IL 60015 -4- RIVERWOODS Bruce Dayno(or his successor in office) Chief, Riverwoods Police Department 845 Saunders Road Riverwoods, IL 60015 All notices, requests and other communications under this Agreement shall be in writing and shall be personally delivered or sent by certified mail, postage prepaid, return receipt requested, by facsimile or by licensed, overnight courier to the appropriate party at its address immediately set forth above. Notice shall be deemed given at the time delivered, if personally delivered; at the time indicated on the duly completed postal service return receipt, if delivered by certified mail and at the time of the facsimile if sent thusly or on the next business day if delivered by overnight courier. SECTION 12:Term, Automatic Renewal. This Agreement shall be in effect for two (2) years commencing on the first day of the month next following the Effective Date and, subsequently, shall renew automatically for consecutive two (2) year terms, but any Party shall have an absolute right to terminate this Agreement with or without cause upon sixty (60) days written notice to the other Parties, including during the initial two-year period. If RIVERWOODS shall cease to be part of the LCETSB's service area pursuant to Illinois statute, this Agreement shall automatically terminate. However, if the COUNTY or RIVERWOODS terminates this Agreement without cause, DEERFIELD ETSB shall be entitled to receive the fees set forth above in Section 4 through the date of termination notwithstanding such surcharge may not as yet have been billed or collected until after the date of such termination. Reimbursement will not be paid to DEERFIELD ETSB unless and until surcharge funds have been received by LCETSB from the telecommunications carriers. SECTION 13: Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and the Parties may not assign their rights and obligations under this Agreement. SECTION 14: Integration; Amendments. This Agreement contains the entire understanding of the parties with respect to the subject matters of this Agreement. There are no restrictions, agreements, promises, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement supersedes all prior agreements and undertakings between the Parties with respect to its subject matter. This Agreement may be amended only by a written instrument duly executed by all of the Parties or by their successors or assigns. SECTION 15: Severabili . The invalidity of any provision of this Agreement shall not impair the validity of any other provision. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision shall be deemed severable and the Agreement shall be enforced as severed or as modified by the court. -5- 5F[:T1'ON 16: Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original, and all of whicli together shall constitute one Agreement. This Agreement may be executed by facsimile or scanned signatures-, any signed Agreement or signature page to this Agreement that is transmitted by facsimile or in the portable document format (.pdf) shall be treated in all manners and respects as an original Agreement or Signature page. SECTION I : Governing Lalk. This Agreement and all Amendments and Appendices ihereol' shall be governed and construed vi accordance with the laws of the State of Illinois. COUNTY OF LAKE 2013 Ch irmaii .ake ity Hoard Chairman, Lake Cowity ETSB VILLAGE OF RIVERWOODS Dated: _ -A _ G , 2013 \ j \baybr, Riverwoods VILLAGE O1= DE'ERRELD ))pled:.- S - � ----- 2013 Mayor, Deerfic d -G- Chief, Invert;,ods Police Uept. C'iu-��--,-I'�eerfie.►��iiicc 17 '...�- Exhibit B DEERFIELD BANNOCKBURN ETSB/LAKE FOREST ETSB ALTERNATE ROUTING AGREEMENT (DEERFIELD BANNOCKBURN TO LAKE FOREST) THIS AGREEMENT is made and entered into between the Lake Forest ETSB and the Deerfield Bannockburn ETSB. WITNESSETH: WHEREAS, Lake Forest ETSB currently is certified to provide and operate an Enhanced 9-1-1 telephone service Under Illinois Commerce Commission Order #89-0049 WHEREAS, Deerfield Bannockburn ETSB is certified to provide Enhanced 9-1-1 telephone service for Deerfield and Bannockburn under Illinois Commerce Commission Order #88-0254/90-0354, WHEREAS, under Illinois law an ETSB is required to select a location for alternate routing when 9-1-1 lines to the primary Public Safety Answering Point ("PSAP') are busy or if the primary PSAP closes down for a period of time due to an emergency situation; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and S ILCS 22011 el seq. authorize units of local government to enter into intergovernmental cooperation contracts; and WHEREAS, the Lake Forest ETSB and Deerfield Bannockburn ETSB mutually desire to enter into an Agreement establishing the Lake Forest Dispatch Facility for alternate routing for 9-1-1 calls when all the 9-1-1 lines to Deerfield's PSAP are busy or in the event that Deerfield PSAP closes down for a period of time due to an emergency situation, NOW, THEREFORE, in consideration of the mutual covenants herein, Lake Forest ETSB and Deerfield Bannockburn ETSB do hereby agree as follows: Beginning upon the execution of this Agreement by both parties, when, at any time, all the 9-1 -1 lines for the Deerfield PSAP served by the AT&T tandem office are busy, or in the event the Deerfield PSAP closes down for a period of time due to an emergency situation, the Deerfield PSAP shall instruct AT&T to route a119-1-1 calls to Lake Forest via its designated trunk lines. Lake Forest ETSB agrees to process all calls rerouted to it as set forth above. 2. Whenever the need for alternate routing arises, the Deerfield PSAP will contact the Lake Forest PSAP and advise Lake Forest PSAP of the reason for the alternate routing request along with the estimated length of time the alternate routing will need to be in effect while the Deerfield PSAP personnel travel to their back-up PSAP to re-establish the answering of Deerfield 9-1-1 calls. Deerfield 9-1-1 calls received by Lake Forest PSAP that require dispatch in accordance with this Agreement will be directly dispatched by Lake Forest via the shared Deerfield The persons executing this Agreement on behalf of the Lake Forest ETSB and the Deerfield Bannockburn ETSB warrant that they have actual authority to enter into this Agreement on behalf of the Lake Forest ETSB and Deerfield Bannockburn ETSB. Deerfield Bannockburn ETSB agrees to defend, indemnify and hold Lake Forest ETSB, its officers, directors, agents, and employees harmless fi-om and against any loss, liability, cost or expense (including reasonable attorneys' fees and Court cost) or expense rises out of the negligence or willful misconduct of Deerfield Bannockburn ETSB, its members, managers, officers; directors, agents, or employees, in rendering services under this Agreement. 10. Lake Forest ETSB agrees to defend, indemnify, and hold Deerfield Bannockburn ETSB, its officers, directors, agents, and employees, harmless from and against any actual loss, liability, cost or expense (including reasonable attorneys' fees and Court cost) or expense arises out of the negligence or willful misconduct of Lake Forest ETSB, its members, managers, officers, directors, agents, or employees. 11. This Agreement constitutes the complete, final, and entire Agreement between the Lake Forest ETSB and Deerfield Bannockburn ETSB with regard to the subject matter of this Agreement, and it supersedes any prior Agreements, either written or oral between the parties. 12. Any modification to this Agreement shall be null and void unless the modification is in writing and executed by both parties. 13. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois. IN WITNESS TEHREOF, the undersigned have caused this Agreement to be duly executed. Lake Forest Emergency Telephone System Board i By. Deerfield Bannockburn Emergency Telephone System Board By;. &IV4-�� - Date: Exhibit C ADDENDUM TO LAKE FOREST ETSB/DEERFIELD/BANNOCKBURN ETSB ALTERNATE ROUTING AGREEMENT (RIVERWOODS TO LAKE FOREST) THIS ADDENDUM is made and entered into between the Lake Forest ETSB (hereinafter referred to as, "Lake Forest'), Village of Riverwoods (hereinafter referred to as "Village"), Lake County Emergency Telephone System Board (hereinafter referred to as "Lake County ETSB"), and the Deerfield/Bannockburn ETSB (hereinafter referred to as, "Deerfield"), collectively, as parties to the Alternate Routing Agreement attached hereto as Exhibit A and incorporated herein. WHEREAS, Lake Forest ETSB currently is certified to provide and operate an Enhanced 9-1-1 telephone service for the City of Lake Forest Illinois Commerce Commission. WHEREAS, Deerfield/Bannockburn ETSB is certified to provide Enhanced 9-1-1 telephone service for Village of Deerfield and Bannockburn under Illinois Commerce Commission. WHEREAS, under Illinois law, an ETSB is required to select a location for alternate routing when 9-1-1 lines to the primary Public Safety Answering Point ("PSAP") are busy or if the primary .PSAP closes down for a period of time due to an emergency situation; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and S ILCS 22011 et seq. authorize units of local government to enter into intergovernmental cooperation contracts; and WHEREAS, an Alternate Routing Agreement exists between Lake Forest and Deerfield. Said Agreement governs Lake Forest as back-up PSAP for Deerfield. A true and correct copy of said Agreement is attached hereto as Exhibit A and incorporated herein. WHEREAS, since said Alternate Routing Agreement between Lake Forest and Deerfield was entered into, Deerfield has become the PSAP for the Village of Riverwoods and has entered into an Agreement for the same. WHEREAS, Lake County ETSB and the Village have requested to become parties to said Alternate routing Agreement (Exhibit A) for purposes of establishing the Lake Forest Dispatch Facility for alternate routing for 9-1-1 calls for the Village of Riverwoods when all the 9-1-1 lines to Deerfield's PSAP are busy or in the event that Deerfield's PSAP closes down for a period of time due to an emergency situation. WHEREAS, Lake Forest and Deerfield have agreed that the Village and Lake County ETSB may become parties to the Alternate Routing Agreement (Exhibit A) by written addendum. NOW, THEREFORE, in consideration of the mutual covenants herein, Lake Forest, the Village, Lake County ETSB, and Deerfield do hereby agree as follows: 1. That the Village and Lake County ETSB are hereby added and included as a party to the Alternate Routing Agreement (Exhibit A) subject to the limitations contained herein. 2. Beginning upon the execution of this Agreement by both parties, when, at any time, all the 9-1-1 lines for the Deerfield PSAP served by the AT&T tandem office are busy, or in the event the Deerfield PSAP closes down for a period of time due to an emergency situation, the Deerfield PSAP shall instruct AT&T to route all 9-1-1 calls to Lake Forest via its designated trunk lines. Lake Forest agrees to process all calls rerouted to it as set forth above, including for the Lake County ETSB, Lake Forest ETSB agrees to designate the Lake Forest Dispatch Facility to serve as the Village of Riverwoods PSAP back-up without any compensation, except that Lake Forest shall accept Lake County ETSB calls for service only for such time a Riverwoods calls for service are dispatched through Deerfield_ If Lake County ETSB elects to terminate dispatch services through Deerfield. then Lake County ETSB shall provide Lake Forest and Deerfield with at least sixty t601 days prior notice of such intent. 4. Any notice or other communications permitted or required to be given to either party shall be in writing and shall be personally delivered or mailed by registered or certified U.S. Mail, postage prepaid, to the party to receive same as follows: Lake Forest Emergency Telephone System Board ATTN: Chairman 255 W. Deerpath Road Lake Forest, IL 60045 Lake County Emergency Telephone System Board ATTN: Chairman 1300 S. Gilmer Road Volo, IL 60073 Village of Riverwoods ATTN: 300 Portwine Road Riverwoods, IL 60015 Deerfield/Bannockburn Emergency Telephone System Board ATTN: Chairman 850 Waukegan Road Deerfield, IL 60015 Notice delivered by personal delivery shall be considered received immediately upon receipt, and notice by U.S. Mail shall be considered served upon receipt or four (4) days after mailing, whichever is sooner. 5. This Agreement shall be effective at which time it is executed by authorized officials of Lake Forest, Village, Lake County ETSB and Deerfield, and unless otherwise terminated, this Agreement shall remain in effect perpetually until either Lake Forest, Village, Lake County ETSB, or Deerfield notifies the other parties in writing that this Agreement shall be terminated on a date certain not less than sixty (60) days after the effective date of the service of the notice to terminate this Agreement. 6. The persons executing this Agreement on behalf of Lake Forest, Deerfield, the Village, and Lake County ETSB warrant that they have actual authority to enter into this Agreement on behalf of Lake Forest, Deerfield, Village of Riverwoods, and Lake County ETSB. 7. The terms and provisions of the Alternate Routing Agreement (Exhibit A) are hereby restated and incorporated into this Addendum. To the extent any inconsistency exists between this Addendum and the Alternate Routing Agreement (Exhibit A), the terms and provisions of this Addendum shall govern in supersede the provisions of the Alternate Routing Agreement (Exhibit A). Lake County ETSB, Village, and Deerfield agree to defend, indemnify and hold Lake Forest, its officers, directors, agents and employees harmless from and against any loss, liability, cost or expense (including reasonable attorneys' fees and Court costs) which Lake Forest may sustain or incur if, and to the extent that, such loss, liability, cost or expense arises out of the negligence or willful misconduct of Deerfield, the Village, or Lake County ETSB, its members, mangers, officers, directors, agents or employees, in rendering services under this Agreement. 9. Lake Forest agrees to defend, indemnify and hold Deerfield, Lake County ETSB, and the Village, its officers, directors, agents and employees, harmless from and against any actual loss, liability, cost or expense (including reasonable attorneys' fees and Court costs) which Deerfield, Lake County ETSB, or the Village may sustain or incur if, and to the extent that, such loss, liability, cost or expense arises out of the negligence or willful misconduct of the Lake Forest, its officers, directors, agents or employees. 10. This Agreement constitutes the complete, final, and entire Agreement between Lake Forest, Deerfield, the Lake County ETSB, and the Village with regard to the subject matter of this Agreement, and it supersedes any prior Agreements, either written or oral between the parties. 11. Any modification to this Agreement shall be null and void unless the modification is in writing and executed by both parties. 12. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois. IN WITNESS THEREOF, the undersigned have caused this Agreement to be duly executed. LAKE FOREST EMERGENCY TELEPHONE SYSTEM BOARD ATE: LAKE COUNTY EMERGENCY TELEPHONE SYSTEM BOARD BY: DATE: / 1 I _� D EERFIELD/BANN OCKB U Rat EMERGENCY TELEPHONE SYSTEM BOARD DATE: VILLAGE OF RIVER'V GODS DATE -- INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND THE VILLAGE OF RIVERWOODS THIS AGREEMENT, made as of 3, , 2013 (the "Effective Date"), by and between the VILLAGE OF DEE IELD, Lake and Cook Counties, Illinois, a home rule municipal corporation (hereinafter referred to as "DEERFIELD") and the VILLAGE OF RIVERWOODS, Lake County, Illinois, a unit of local government (hereinafter referred to as "RIVERWOODS"). WITNESSETH: WHEREAS, DEERFIELD and RIVERWOODS desire to enter into this Intergovernmental Agreement ("Agreement") to provide for the provision of full police radio dispatch and communications services and emergency and 9-1-1 telephone answering, as set forth herein. WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the provisions of the Illinois Intergovernmental Cooperation Act (5 ILCS 221.1 et, seq.), DEERFIELD's home rule powers, and other applicable authority, DEERFIELD and RIVERWOODS are authorized to enter into this Agreement; and WHEREAS, RIVERWOODS is part of the Lake County Emergency Telephone System Board and is required to remain a member of the Lake County ETSB; and WHEREAS, it is the intention of the parties that 9-1-1 calls from the Village of Riverwoods shall be routed directly from RIVERWOODS to the DEERFIELD Police Department's Public Safety Answering Point ("PSAP"), and not relayed from the Lake County Sheriff s Department; and WHEREAS, the routing of all land line 9-1-1 calls from within RIVERWOODS to the DEERFIELD PSAP is subject to approval of the Illinois Commerce Commission; and WHEREAS, DEERFIELD and RIVERWOODS agree to cooperate in modifying, amending or replacing the existing "Lake County/Village of Lincolnshire/Village of Riverwoods Intergovernmental Agreement for call routing and surcharge reimbursement" (the "Reimbursement IGA") to provide that Lake County will continue to reimburse a proportionate share of the surcharge funds attributable to land line 9-1-1 calls from within RIVERWOODS, up to a maximum of twenty-five thousand dollars ($25,000.00) per calendar year, with the payments due under the Reimbursement IGA to be transmitted to DEERFIELD; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, DEERFIELD and RIVERWOODS hereby agree as follows: 4- SECTION 1: Recitals. The above and foregoing recitals are hereby made a part of and are incorporated into this Agreement as if fully set forth herein. SECTION 2: Deerfield PSAP. DEERFIELD shall maintain a PSAP center consisting of equipment and personnel to provide 24-hour per day public safety emergency communications service located at the DEERFIELD Police Department (the "System"). Commencing on the Start -Up Date (defined in Section 9 of this Agreement), emergency communications services to be provided by DEERFIELD to RIVERWOODS will include emergency telephone answering and related services. Additional common and joint services may be provided to the extent provided for herein, or with the mutual consent of DEERFIELD and RIVERWOODS pursuant to a written amendment to this Agreement. SECTION 3: System Services Provided Equally. The use of the System and all services provided for in this Agreement shall be available to the residents and taxpayers of DEERFIELD and RIVERWOODS on an equal basis. SECTION 4: Quality of Performance. The quality and performance of services shall meet or exceed applicable Illinois Commerce Commission ("ICC") rules and regulations and Federal Communications Commission ("FCC") rules and regulations, and any further standards mutually agreed to in writing by DEERFIELD and RIVERWOODS that are not inconsistent therewith. SECTION 5: Ownership of Facilities. A. DEERFIELD shall provide and own all facilities and equipment used in the creation and operation of the System which are installed within the boundaries of DEERFIELD or located on or within property owned by DEERFIELD, including without limitation, the PSAP center and all equipment required to service PSAP equipment. B. RIVERWOODS shall provide, own and maintain at its sole cost and expense, all equipment used in the operation of the System which are, (1) installed within the boundaries of RIVERWOODS; (2) located on or within property owned by RIVERWOODS or; (3) operated independent of the PSAP equipment. C. RIVERWOODS shall provide at its sole cost, any and all data, telephone and communications lines and circuits to the PSAP as necessary for the reception of telephonic, radio, and other calls originating from RIVERWOODS or pertaining to the Village of Riverwoods Police Department. This shall include 9-1-1 trunk lines as necessary to receive 9-1-1 calls from within RIVERWOODS boundaries as well as a receiver and related equipment to allow radio communications between Riverwoods and Deerfield on the East Shore Radio Network (ESRN). Riverwoods will pay for the installation and monthly costs for the circuit; however, the ESRN will oversee its maintenance. -2- SECTION 6: Employees and Staff. All employees and staff of the System, including the positions of 9-1-1 Telecommunications Supervisor and Telecommunicators, shall be employees of the Village of Deerfield. SECTION 7: Payments by Riverwoods for Services and Formula. In consideration of the services to be provided by DEERFIELD to RIVERWOODS and for the benefit to RIVERWOODS as a result of such services, RIVERWOODS agrees to pay DEERFIELD: (i) on a monthly basis (or such other timing as may be reasonably determined by DEERFIELD during the term of this Agreement), an amount of money equal to the annual salary of a fully qualified DEERFIELD Telecommunicator with merit pay which includes: health/dental and pension benefits, life insurance, worker's compensation benefits, FICA/Medicare, apparel, cost of living increase if applicable, and any benefits provided by Deerfield from time -to -time (the "Telecommunicator Charge"); less (ii) a credit for the amount of surcharge money that DEERFIELD receives from the Lake County Emergency Telephone System Board ("LCETSB") on account of 9-1-1 land line emergency calls emanating from telephone land lines within the RIVERWOODS territory ("LCETSB Surcharge Revenue"). These payments are illustrated as follows: A. Monthly Telecommunicator Charge due the Village of Deerfield from the Village of Riverwoods for Telecommunication Services. The Telecommunicator Charge for 2013 under this formula would be: $9,339.00 based on annual salary and benefits of $112,066.00, less: B. The LCETSB Surcharge Revenue. SECTION 8: Commencement of Services. The provision of communication dispatch and information services are intended to commence on , 2013, or at such other earlier or later date as the Chiefs of Police of Deerfield and Riverwoods determine that emergency communications services currently being provided to RIVERWOODS by the Village of Lincolnshire can be turned over to DEERFIELD under this Agreement (the "Start -Up Date"), and shall continue uninterrupted from the Start -Up Date until such time as the Agreement is not renewed or terminated as provided for in Section 12. These plans are subject to change by written direction of the Deerfield Bannockburn Emergency Telephone System Board. SECTION 9: Payment of Expenses. Each party shall pay its own individual telephone network line and service charges, communications equipment maintenance and service charges as well as individual installation and start-up costs, with the exception of DEERFIELD paying the annual maintenance agreement costs (SSMA) for the New World System (NWS). Each party through a separate agreement shall pay their own individual radio system use expenses for the use of the East Shore Radio Network (ESRN) system frequencies, as determined annually by the ESRN; and, as previously stated in Section 5, RIVERWOODS will pay for the monthly circuit costs associated with their connection to the Network. RIVERWOODS computers that connect to the DEERFIELD system shall meet the specs and parameters as set for by the Deerfield information technology officers including restrictions and permissions for adding software or hardware to the system. -3- SECTION 10: Duration of Agreement. This Agreement shall be in full force and effect for a period of five (5) years from the Effective Date and automatically renewed on a year- to-year basis thereafter unless earlier terminated as provided in Section 11 below. Either party may notify the other party in writing no less than one hundred eighty (180) days prior to the expiration of this Agreement, of the desire to re -negotiate the terms of this Agreement. Such negotiations will commence prior to the upcoming agreement expiration date. During the initial five (5) year contract period, the payment amount shall be re -calculated each January Pt to accommodate any salary or benefit changes of the Telecommunicators, using the formula as stated in Section 8. At the conclusion of year one, DEERFIELD reserves the right to analyze the payment formula to determine if the factors originally used in establishing the original payment formula produce a fair and accurate payment formula. If DEERFIELD determines the assumptions used were not accurate, DEERFIELD may recalculate the payment schedule by changing the multiplication factor to arrive at a more equitable fee. Any such changes will be outlined in written form and provided to RIVERWOODS. SECTION 11: Termination of Agreement. Either party, without the consent of the other party, may at any time terminate this Agreement by giving no less than twelve (12) months prior written notice of the intent to terminate to the other party, unless mutually agreed upon by both DEERFIELD and RIVERWOODS. Upon initiation of termination, no discontinuation of services to RIVERWOODS or of payment of monies due to DEERFIELD shall occur for the period of time required for RIVERWOODS to establish competent public safety communication services elsewhere, provided that period does not exceed a total of twenty-four (24) months. Both parties shall cooperate with vendors and sub -contractors to allow a planned transition of service. SECTION 12: Indemnity. A. To the extent the indemnifying party is covered by insurance, each parry shall indemnify and hold harmless the other party and the Deerfield Bannockburn Emergency Telephone System Board, their officers, agents, employees and staff from all claims, litigation and liability against them or any of them and any costs and attorney's fees incidental thereto, on account of any injury to or death of any person or persons or on account of damage to any property, caused by, connected with, or in any way attributable to provision of services as set forth in Section 3 of this Agreement. B. To the extent that DEERFIELD is not covered by insurance, RIVERWOODS agrees to defend, indemnify and hold DEERFIELD harmless and free from liability of any kind whatsoever, resulting from the acts or conduct of RIVERWOODS or DEERFIELD, or those of their agents, representatives or employees, in the performance of this Agreement or in the furtherance thereof. The obligation of RIVERWOODS to indemnify under this Subsection B shall not extend to any claim, judgment, damage, loss or expenses to the extent same is caused by the intentional, willful or reckless conduct of DEERFIELD or its officers, agents or employees in providing emergency communications services under this Agreement -4- M SECTION 13: Insurance. RIVERWOODS and DEERFIELD mutually agree to maintain sufficient general comprehensive liability insurance coverage with, not less than the following specified minimum coverage limits; two million dollars ($2,000,000) per occurrence with an aggregate total of two million dollars ($2,000,000) SECTION 14: Entire Agreement. This Agreement constitutes the entire agreement between DEERFIELD and RIVERWOODS, and may be amended or altered only by an instrument in writing signed by both parties. N 3rd, WITNESS WHEREOF, the parties have executed this day of , 2013, by and between The Village of Deerfield Illinois 1 9;: . t--d LL �- Attest: The Village of Riverwoods, Illinois A est: -5- Agreement on the