HomeMy WebLinkAboutOrdinances - ORD-19-1927 - 02/04/2019 - Marengo Dispatch ServicesCity of McHenry
McHenry County
State of Illinois
ORDINANCE NUMBER ORD-19-1927
An Ordinance authorizing the Mayor's Execution of an Intergovernmental
Agreement between the City of McHenry and City of Marengo for Dispatch
Services
ADOPTED BY THE
CITY COUNCIL
OF THE
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
r 1 , 2019
Published in pamphlet form by authority ofMe City Council of the City of
McHenry, McHenry County, Illinois this LtL day of E e h . , 2019
ORDINANCE NO 19-1927
AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND
CITY OF MARENGO FOR DISPATCH SERVICES
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; and
WHEREAS, the Mayor and the McHenry City Council desire to enter into an Intergovernmental
Agreement with the City of Marengo to provide Dispatch Services.
follows: NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHenry City Council as
SECTION 1:
a. The Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A and made
a part hereof, is hereby approved.
b. The Mayor of the City of McHenry is hereby authorized to executive said agreement.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in
full force and effect.
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hereby repealed to the extent of such conflict.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.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED and APPROVED this 4' day of February 2019.
Voting Aye:
Voting Nay:
Abstaining:
Not Voting:
Absent:
ST:
City Clerk
Exhibit A
Intergovernmental Agreement
Intergovernmental Agreement for Dispatch Services
Between the City of McHenry and City of Marengo
This Agreement is effective this 1st day of May, 2019 by and between the City of
McHenry ("McHenry") and the City of Marengo ("Marengo").
Recitals
A. McHenry provides, among other services, radio dispatched police and law
enforcement services ("Dispatching Services").
B. Marengo desires to continue utilizing Dispatching Services of McHenry for the
purposes of providing 24-hour E 9-1-1 telephone answering service for emergency police
officers employed by the City and other services.
C. McHenry and Marengo have the power and authority to enter into this Agreement
pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the
Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other
applicable authority.
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged
as being received, Marengo and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on May 1, 2019 and
terminate on April 30, 2024, unless earlier terminated by either party upon (6) six month's
written notice to the other party for any reason or no reason at all. In no event shall any portion
of the fee payable herein be subject to reimbursement due to early termination of this Agreement
by either party. This Agreement may only be extended by written agreement of both parties
hereto.
2. McHenry's Obligation: McHenry shall provide Dispatching Services to
Marengo during the term of this Agreement in accordance with Illinois law including but not
limited to 210 ILCS 50/1 et seq. Commonly known as the "Emergency Medical Services EMS
Systems Act". Additional services include monitoring telephone services after 4:00 p.m., or as
needed, initiation of emergency weather warning sirens and closed-circuit camera monitoring.
3. Marengo Hardware: At its sole expense, Marengo shall install and maintain any
required radio infrastructure necessary to receive radio communications from its personnel and
relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone
lines and interface equipment necessary to accomplish these services shall be the responsibility
of Marengo.
4. No Supervision of Direction: McHenry Dispatching Services provided to
Marengo hereunder are limited to the dispatch of Marengo police officers. McHenry dispatchers
and on -duty supervisory personnel have no responsibility to ensure that Marengo police officers
comply with any applicable rules and regulations. The supervision and direction Marengo police
officers are outside the scope of this Agreement and remain the responsibility of Marengo.
5. Dispatch Fee: Beginning on May 1, 2019, Marengo shall pay monthly dispatch
fees to McHenry, to be paid no later than the loth day of each month ("Dispatch Fees"). The
Dispatch Fees for Fiscal Year 2019/2020 shall be calculated at the rate of $29.00 per service call
("Service Call Rate") and $13.00 per traffic stop ("Traffic Stop Rate") multiplied by the number
of service calls and Traffic calls dispatched by McHenry for Marengo during calendar year 2018.
Commencing on each anniversary date of this Agreement, the Service Call Rate and Traffic Stop
Rate shall each increase by 2.5% each year ("Adjusted Dispatch Rates") and the Adjusted
Dispatch Rates shall be multiplied by the number of service calls and traffic calls dispatched by
McHenry for Marengo in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees
for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term
Dispatch Fee.
Miscellaneous Provisions
6. Only an independent contractor relationship is created by this Agreement and
neither party shall constitute an authorized agent of the other. This Agreement constitutes the
entire agreement between the parties hereto and no other person or entity shall be deemed to be a
beneficiary of this Agreement. No party shall assign this Agreement or the rights and duties
hereunder. All notices give or required under this Agreement shall be in writing and sent by
certified mail to McHenry Police Chief or the Marengo Police Chief, respectively.
7. Marengo hereby indemnifies McHenry and its elected and appointed officials,
attorneys, officers, and employees, and hold them harmless from any claim, injury, or loss, no
matter how allegedly sustained, arising out of or related in any way to the provision of, the use
of, the disruption of, or the failure of McHenry to adequately or effectively provide Dispatching
Services pursuant to this Agreement. Marengo shall reimburse McHenry for any attorneys' fees
incurred by McHenry in connection with defense of any such alleged claim, injury or loss,
occurring during the term of this Agreement or thereafter arising out of the activities
contemplated by this Agreement provided that the cause of action is not the result of negligence,
lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its
agents.
8. Marengo shall maintain, for the term of this Agreement, and any extensions
thereof, comprehensive general liability insurance, issued by an insurance company qualified to
do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry
shall be named as an additional insured on said policy and the policy shall provide that McHenry
be given 30 days written notice of cancellation or material charges thereto.
Citv of Marenizo
City of McHenry
By /- , 4�V /1;7j
I or Date
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