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HomeMy WebLinkAboutOrdinances - ORD-18-1906 - 11/26/2018 - McRide AgreementCERTIFICATE The undersigned certifies that I am the Deputy City Clerk of the City of McHenry, McHenry County, Illinois and further certifies that the attached is a true and accurate copy of Ordinance ORD-18-1906 authorizing the Mayor's execution of an Intergovernmental Agreement with the County of McHenry and other local governmental agencies within McHenry County. The said Ordinance was approved by the City Council by a motion made in an open meeting held on November 26, 2018 Dated at the City of McHenry Municipal Center, Illinois, this 4th, Day of December, 2018 Deputy City Clerk, Debra Meadows (SEAL) City of McHenry McHenry County State of Illinois ORDINANCE NUMBER ORD-18-1906 An Ordinance authorizing the Mayor's execution of an Intergovernmental Agreement Between the County of McHenry, the City of Crystal Lake, the City of Harvard, the City of Marengo, the City of McHenry, the City of Woodstock, the Village of Fox River Grove, the Village of Huntley, the Village of Johnsburg, the Village of Richmond, the Village of Ringwood, the Village of Union, the Township of Chemung; the Township of Dorr, the Township of Grafton, the Township of Greenwood, the Township of Marengo, the Township of McHenry, the Township of NUNDA, the Township of Richmond, the Township of Riley for the Provision of MCRIDE Dial -A -Ride Transit service in 2019 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS November 26, 2018 Published in pamphlet form by authority of the City Council of the City of McHenry, McHenry County, Illinois this 26th day of November, 2018 McHenr ORDINANCE NO. ORD-18- Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MCHENRY, THE CITY OF CRYSTAL LAKE, THE CITY OF HARVARD, THE CITY OF MARENGO, THE CITY OF MCHENRY, THE CITY OF WOODSTOCK, THE VILLAGE OF FOX RIVER GROVE, THE VILLAGE OF HUNTLEY, THE VILLAGE OF JOHNSBURG, THE VILLAGE OF RICHMOND, THE VILLAGE OF RINGWOOD, THE VILLAGE OF UNION, THE TOWNSHIP OF CHEMUNG, THE TOWNSHIP OF DORR, THE TOWNSHIP OF GRAFTON, THE TOWNSHIP OF GREENWOOD, THE TOWNSHIP OF MARENGO, THE TOWNSHIP OF MCHENRY, THE TOWNSHIP OF NUNDA, THE TOWNSHIP OF RICHMOND, AND THE TOWNSHIP OF RILEY FOR THE PROVISION OF MCRIDE DIAL -A -RIDE TRANSIT SERVICE IN 2019 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake, the City of Harvard, the City of Marengo, the City of McHenry, the City of Woodstock, the Village of Fox River Grove, the Village of Huntley, the Village of Johnsburg, the Village of Richmond, the Village of Ringwood, the Village of Union, the Township of Chemung, the Township of Dorr, the Township of Grafton, the Township of Greenwood, the Township of Marengo, the Township of McHenry, the Township of Nunda, the Township of Richmond, and the Township of Riley is hereby approved. A complete and accurate copy of said agreement is attached to this Ordinance as Exhibit A, and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures to said Agreement for the purposes therein set forth. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois and shall be in full force and effect from the date of passage. Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PASSED THIS 261h day of November 2018. Voting Aye: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Curry, Alderman Mihevc, Alderman Devine and Alderwoman Condon Voting Nay: 0 Absent: 0 Not Voting: 0 Abstaining: 0 ATTEST: Debra Meadows, Deputy City Clerk Way4e Y Jett, Mayor 4 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Intergovernmental Agreement (Copy on file with the office of the City Clerk) 5 Page 1 of 27 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF McHENRY, THE CITY OF CRYSTAL LAKE, THE CITY OF HARVARD, THE CITY OF MARENGO, THE CITY OF McHENRY, THE CITY OF WOODSTOCK, THE VILLAGE OF FOX RIVER GROVE, THE VILLAGE OF HUNTLEY, THE VILLAGE OF JOHNSBURG, THE VILLAGE OF RICHMOND, THE VILLAGE OF RINGWOOD, THE VILLAGE OF UNION, THE TOWNSHIP OF CHEMUNG, THE TOWNSHIP OF DORR, THE TOWNSHIP OF GRAFTON, THE TOWNSHIP OF GREENWOOD, THE TOWNSHIP OF MARENGO, THE TOWNSHIP OF McHENRY, THE TOWNSHIP OF NUNDA, THE TOWNSHIP OF RICHMOND, AND THE TOWNSHIP OF RILEY FOR THE PROVISION OF MCRIDE DIAL -A -RIDE TRANSIT SERVICE IN 2019 This Intergovernmental Agreement (the "Agreement") is entered into by and between the County of McHenry (hereinafter referred to as "COUNTY"), and the City of Crystal Lake, the City of Harvard, the City of Marengo, the City of McHenry, the City of Woodstock, the Village of Fox River Grove, the Village of Huntley, the Village of Johnsburg, the Village of Richmond, the Village of Ringwood, and the Village of Union (hereinafter referred to collectively as "MUNICIPALITIES"), the Township of Chemung, the Township of Dorr, the Township of Grafton, the Township of Greenwood, the Township of Marengo, the Township of McHenry, the Township of Nunda, the Township of Richmond, and the Township of Riley (hereinafter referred to collectively as "TOWNSHIPS") for the purpose of improving dial -a -ride transit services in McHenry County. The COUNTY, MUNICIPALITIES, and TOWNSHIPS shall hereinafter referred to collectively as the "Partner Agencies." 1. Service. The Partner Agencies agree to coordinate one dial -a -ride transit service called "MCRide," contracted with Pace Suburban Bus, to improve service delivery, reduce administrative costs, and better utilize grant monies. MCRide shall be provided to the general public, seniors, and people with disabilities as set forth herein within the Service Area, defined in Section 5 below. The Partner Agencies agree to define seniors as individuals sixty (60) years of age and older. A. The Partner Agencies agree that the COUNTY will contract with Pace Suburban Bus to offer MCRide within the Service Area; B. The Partner Agencies agree the MUNICIPALITIES, Marengo Township, and Riley Township shall provide MCRide to the general public within the Service Area; and, C. The Partner Agencies agree the TOWNSHIPS shall provide MCRide to seniors and individuals with disabilities within the Service Area. 2. Term. This Agreement will be in effect starting on January 1, 2019 and shall end on December 31, 2019. The Partner Agencies agree that the intergovernmental agreement for MCRide service for 2020 shall be subject to approval before December 31, 2019. 3. Pa. ments. The Partner Agencies agree that each shall contribute the amounts set forth below to pay for a portion of the cost of MCRide: A. Each of the MUNICIPALITIES shall pay the 2019 Annual Contribution amount shown in Table 1 below. The COUNTY shall invoice the MUNICIPALITIES no more frequently than monthly. Each of the MUNICIPALITES agrees that all funding from Pace will continue to be dedicated to MCRide. 2019 MCRide Intergovernmental Agreement Page 2 of 27 Tnhle 1 Crystal Lake Catego Low Per Based on $1.45 Annual Contribution $59,077 Fox River Grove Moderate $1.25 $6,068 H Atley Moderate $1.25 ,364 Johbsburg Moderate $1.25 $7,921 McgewT Moderate $1.25 $33,740 Ringwood Moderate $1.25 $1,045 Woodstock Moderate $1.25 $30,963 0 Unfon 1J gh $1.05 9609 B. Each of the TOWNSHIPS shall pay the 2019 Annual Contribution amount shown in Table 2 below. The COUNTY shall invoice the TOWNSHIPS no more frequently than monthly. Table 2 Township Population Category (2010 Census) 2019 Annual Contribution Grafton 30,000 to 60,000 $7,560 McHenry 30,000 to 60,000 $7,560 Nunda 30,000 to 60,000 $7,560 Dorr 10,000 to 30,000 $5,040 Greenwood 10,000 to 30,000 $5,040 Chemung under 10,000 $2,520 Marengo under 10,000 $2,520 Richmond under 10,000 $2,520 Riley under 10,000 $2,520 *McHenry Township also agrees to pay an annual fee of $3,600 for the township's share of -call center costs. -- C. The COUNTY shall pay the remainder of the costs of MCRide. 4. Service Fare. The Partner Agencies agree to the fare structure as shown in Table 3 (the "Service Fare"). Table 3 Fare Type Base Fare General Public Base Fare (First 5 Miles) $3.00 Senior Citizen Base Fare (First 5 Miles) $1.50 2019 MCRide Intergovernmental Agreement Page 3 of 27 Person with Disability Base Fare (First 5 Miles) $1.50 Fare per Mile After First 5 Miles $0.25 5. Service Area. The Partner Agencies agree that MCRide shall operate within all areas of the MUNICIPALITIES and the TOWNSHIPS and as further depicted in Exhibit A, attached hereto and incorporated herein (the "Service Area"). 6. Service Hours. The Partner Agencies agree that MCRide shall operate during the hours detailed in Table 4 (the "Service Hours"). Table 4 Monday -Friday Start Monday -Friday End Saturday -Sunday Start Saturday -Sunday End Service Hours 6:00 a.m. 7:00 p.m. 9:00 a.m. 5:00 p.m. Reservation Hours 5:30 a.m. 6:00 p.m. 8:30 a.m. 4:00 p.m. 7. Service Reservations. The Partner Agencies agree to allow trip reservations for general public riders no more than twenty-four (24) hours before the requested trip, and no less than two (2) hours before the requested trip, and trip reservations for seniors and individuals with disabilities no more than seven (7) days before the requested trip, and no less than two (2) hours before the requested trip (the "Service Reservations"). 8. Modifications to Services. The Partner Agencies agree the COUNTY may modify the MCRide services (Service Fare, Service Area, Service Hours, and Service Reservations) at its discretion upon fourteen (14) days written notification to the Partner Agencies affected by the modification. The Partner Agencies further agree the COUNTY may modify the Agreement by the addition or deletion of municipalities and/or townships as Partner Agencies. The COUNTY and any additional municipality and/or township shall execute an amendment to this Agreement setting forth the 2019 Annual Contribution, prorated as applicable, and modifications to the services (Service Fare, Service Area, Service Hours, and Service Reservations), if any. The Partner Agencies agree to monitor cost effectiveness and periodically provide feedback to the COUNTY regarding MCRide. 9. Headings. The headings of several paragraphs of this Agreement are inserted only as a matter of convenience and for reference, and are in no way intended to define, limit, or describe the scope or intent of any provision of this Agreement; nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 10. Indemnification. Each of the MUNICIPALITIES and TOWNSHIPS, in response to all claims, suits, settlements, actions, losses, expenses, damages, injuries, judgments, or demands arising from this Agreement and caused by the actions of its elected officials, duly appointed officials, agents, employees and representatives, hereby agree to indemnify, defend, and hold harmless the COUNTY and each of the remaining MUNICIPALITIES and TOWNSHIPS, their elected officials, duly appointed officials, agents, employees and representatives from and against all claims, suits, settlements, actions, losses, expenses, damages, injuries, judgments, or demands. Likewise, the COUNTY agrees to indemnify, defend, and hold harmless each of the MUNICIPALITIES and TOWNSHIPS their elected officials, duly appointed officials, agents, employees and representatives from and against all claims, suits, settlements, actions, losses, expenses, damages, injuries, judgments, or 2019 MCRide Intergovernmental Agreement Page 4 of 27 demands in response to all claims, suits, settlements, actions, losses, expenses, damages, injuries, judgments, or demands arising from this Agreement and caused by the actions of its elected officials, duly appointed officials, agents, employees and representatives. 11. Waiver. A Partner Agency's failure to insist upon strict compliance with any provision hereof or its failure to enforce any rights or remedy in any instance shall not constitute or be deemed to be a waiver of any provision, right or remedy. 12. Severability. The terms of this Agreement shall be severable. In the event any of the terms or provision of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 13. Choice of Law. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any right pursuant to this Agreement shall be in the Circuit Court of McHenry County, Illinois. 14. No Personal Liability. No official, director, officer, agent, or employee of the COUNTY shall be charged personally or held contractually liable under any term or provision of the Agreement or because of their execution, approval or attempted execution of this Agreement. 15. Modification or Amendment. This Agreement, the documents it incorporates, and its attachments constitute the entire Agreement of the Partner Agencies on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the Partner Agencies, except as set forth in Sections 8 and 17 herein. The Partner Agencies agree that no representations or warranties shall be binding upon the Partner Agencies unless expressed in writing herein or in a duly executed amendment hereof. 16. Notices Required Under this Agreement. Any notice required by the provisions of this Agreement shall be mailed to: Attn: Director of Transportation/County Engineer Attn: City Administrator McHenry County Division of Transportation City of McHenry 16111 Nelson Road 333 S. Green Street Woodstock, IL 60098 McHenry, IL 60050 Attn: City Manager Attn: City Manager City of Crystal Lake City of Woodstock 100 W. Woodstock Street 121 W. Calhoun Street Crystal Lake, IL 60014 Woodstock, IL 60098 Attn: City Administrator Attn: Village Administrator City of Harvard Village of Fox River Grove 201 W. Diggins Street 305 Illinois Street Harvard, IL 60033 Fox River Grove, IL 60021 Attn: City Administrator Attn: Village Manager City of Marengo Village of Huntley 132 E. Prairie Street 10987 Main Street Marengo, IL 60152 Huntley, IL 60142 2019 MCRide Intergovernmental Agreement Page 5 of 27 Attn: Village Administrator Attn: Supervisor Village of Johnsburg Township of Grafton 1515 Channel Beach Avenue 10109 Vine Street Johnsburg, IL 60051 Huntley, EL 60142 Attn: Village President Attn: Supervisor Village of Richmond Township of Greenwood 5600 Hunter Drive 5211 Miller Road Richmond, IL 60071 Wonder Lake, IL 60097 Attn: Village President Attn: Supervisor Village of Ringwood Township of Marengo 6000 Barnard Mill Road 4010 North Route 23 Ringwood, IL 60072 Marengo, IL 60152 Attn: Village President Attn: Supervisor Village of Union Township of McHenry 17703 Ocock Road 3703 N. Richmond Road Union, IL 60180 Johnsburg, IL 60051 Attn: Supervisor Attn: Highway Commissioner Township of Chemung Township of Nunda-Highway Department 807 8th Street 3518 Bay Road Harvard, IL 60033 Crystal Lake, IL 60012 Attn: Supervisor Attn: Supervisor Township of Dorr Township of Richmond 1039 Lake Avenue 7812 S. Route 31 Woodstock, IL 60098 Richmond, IL 60071 Attn: Supervisor Township of Riley 9312 Riley Road Marengo, IL 60152 17. Termination. Any party may withdraw from this Agreement for any or no reason upon providing at minimum sixty (60) days' written notice to all the other parties and the Agreement shall terminate as to that party. The Partner Agencies agree that termination of this Agreement by one of the MUNICIPALITIES or TOWNSHIPS may result in modification to the Service Area as determined by the COUNTY. 18. Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Any counterpart may be delivered by any party by transmission of signature pages to the other parties at the addresses set forth above, and delivery shall be effective and complete upon completion of such transmission. 2019 MCRide Intergovernmental Agreement Page 6 of 27 McHenry County Name: Signature: Title: Chairman, McHemCounty Board Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 7 of 27 City of Crystal Lake Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 8 of 27 City of Harvard Name: Signature: Title: Date: Attested: C 2019 MCRide Intergovernmental Agreement Page 9 of 27 City of Marengo Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 10 of 27 City of McHenry Name: [',t L J Signature: Title: Ch 6 1 f-I Date: Attested: Lz Date: 2019 MCRide Intergovernmental Agreement Page 11 of 27 City of Woodstock Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 12 of 27 Village of Fox River Grove Name: Signature: Title: Date: Attested: 2019 MCRide Intergovernmental Agreement Page 13 of 27 Village of Huntley Name: Signature: Title: Date: Attested: 2019 MCRide Intergovernmental Agreement Page 14 of 27 Village of Johnsburg Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 15 of 27 Village of Richmond Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 16 of 27 Village of Ringwood Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 17 of 27 Village of Union Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 18 of 27 Township of Chemung Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 19 of 27 Township of Dorr Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 20 of 27 Township of Grafton Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 21 of 27 Township of Greenwood Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 22 of 27 Township of Marengo Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 23 of 27 Township of McHenry Name: Signature: Title: Date: Attested: u 2019 MCRide Intergovernmental Agreement Page 24 of 27 Township of Nunda Name: Signature: Title: Date: Attested: Date: 2019 MCRide Intergovernmental Agreement Page 25 of 27 Township of Richmond Name: Signature: Title: Date: Attested: 2019 MCRide Intergovernmental Agreement Page 26 of 27 Township of Riley Name: Signature: Title: Date: Attested: WE 2019 MCRide Intergovernmental Agreement Exhibit A 2019 MCRide Service Area Page 27 of 27 2019 MCRide Intergovernmental Agreement