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HomeMy WebLinkAboutOrdinances - ORD-11-1527 - 01/17/2011 - AUTHORIZE EXECUTION INT AGMT MCH CO CL WDSTK FOR DORDINANCE NO. ORD-11-1527 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MCHENRY AND THE CITY OF CRYSTAL LAKE, THE CITY OF MCHENRY, AND THE CITY OF WOODSTOCK ENABLING PAYMENTS FOR DIAL -A -RIDE SERVICES FROM THE SENIOR SERVICES GRANT FUND WHEREAS, McHenry County ("COUNTY"), the City of Crystal Lake, the City of McHenry and the City of Woodstock ("MUNICIPALITIES") are public agencies and governmental units, as specified at 5 ILCS 220/1 et seq. and are authorized by Article 7, Section 10 of the Constitution of the State of Illinois to cooperate, contract and otherwise associate for public purposes; and WHEREAS, the COUNTY and Pace Suburban Bus Division of the Regional Transportation Authority have entered into an agreement to provide coordinated demand response (the "McHenry County Pilot Project") within the Townships of Dorr and McHenry and the Cities of Crystal Lake, McHenry and Woodstock. and to Pioneer Center for Human Services' clients in that geographic area; and WHEREAS, the MUNICIPALITIES provide transportation services for seniors through the municipal dial -a -ride programs and are coordinating service call center operations, rider registration and service hours as part of the McHenry County Pilot Project; and WHEREAS, the McHenry County Division of Transportation applied for COUNTY Senior Services Grant Fund financing for the McHenry Pilot Project and was awarded on November 20, 2007 one hundred and eighty thousand dollars ($180,000) from the 2008 Senior Services Grant Fund and on September 21, 2010 two hundred thousand dollars ($200,000) from the 2011 Senior Services Grant Fund; and WHEREAS, the operational costs for providing transportation for registered seniors were included in the grant applications and are eligible for funding. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Intergovernmental Agreement, bearing the date of December 21, 2010, between the County of McHenry, the City of Crystal Lake, the City of McHenry and the City of Woodstock, be and the same is hereby approved. A complete and accurate copy of said intergovernmental agreement, labeled "Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake, the City of McHenry and the City of Woodstock enabling payments for Dial -A -Ride services from the Senior Services Grant Fund", is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor is hereby authorized to affix their signature as Mayor to said Intergovernmental Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance 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 THIS 17TH DAY OF JANUARY , 2011 AYES: SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON NAYS: ABSTAINED: NONE NONE ABSENT: CONDON NOT VOTING: NONE APPROVED THIS 17TH DAY OF JANUARY , 2011 �4'24!' e., MAYOR ATTEST: CITY K 12-jz1l;r, INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MCHENRY AND THE CITY OF CRYSTAL LAKE, THE CITY OF MCHENRY, AND THE CITY OF WOODSTOCK ENABLING PAYMENTS FOR DIAL -A -RIDE SERVICES FROM THE SENIOR SERVICES GRANT FUND This AGREEMENT is entered into this Wi 'day of December, 2010, between the County of McHenry, (hereinafter referred to as "COUNTY"), and the City of Crystal Lake, the City of McHenry, and the City of Woodstock, (hereinafter referred to as "MUNICIPALITIES"). WHEREAS, the COUNTY and the MUNICIPALITIES are public agencies and governmental units within the meaning of the Illinois Governmental Cooperation Act, as specified at 5 ILCS 220/1, et seq., and are authorized by Article 7, Section 10 of the Constitution of the State of Illinois to cooperate, contract, and otherwise associate for public purposes; and WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7 of the Constitution of the State of Illinois includes fostering cooperation among governmental bodies; and WHEREAS, the COUNTY and Pace Suburban Bus Division of the Regional Transportation Authority have entered into an agreement to provide coordinated demand response (hereinafter called the McHenry Pilot Project) within the Townships of Dorr and McHenry and the Cities of Crystal Lake, McHenry, and Woodstock and to Pioneer Center for Human Services clients in that geographic area; and WHEREAS, the MUNICIPALITIES provide transportation services for seniors through the municipal dial -a -ride programs and are coordinating service call center operations, rider registration, and service hours as part of the McHenry Pilot Project; and WHEREAS, the McHenry County Division of Transportation applied for COUNTY Senior Services Grant Fund financing for the McHenry Pilot Project and was awarded on November 20, 2007 one hundred and eighty thousand dollars ($180,000) from the 2008 Senior Services Grant Fund (Dept. 23 OCA 230001 Obj. 4423) and on September 21, 2010 two hundred thousand dollars ($200,000) from the 2011 Senior Services Grant Fund; and WHEREAS, the operational costs for providing transportation for registered seniors were included in the grant applications and are eligible for funding. NOW THEREFORE, the Parties hereby agree to the following: Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake, the City of McHenry. and the City of Woodstock Page 1 of 1 DOT rAinic.rnal Senior Services Grant IGA 122110 1. LOCAL SHARE FUNDING - The COUNTY agrees to pay the MUNICIPALITIES no more than monthly for the Local Share incurred in providing trips for seniors registered for the McHenry Pilot Project on a per trip basis on the municipal dial -a -ride services contracted with Pace Suburban Bus and the COUNTY agrees to deduct Local Share costs to the MUNICIPALITIES for costs incurred in providing trips for seniors registered for the McHenry Pilot Project on a per trip basis on the COUNTY dial -a -ride contract with Pace. The trip rate shall be calculated based on the average monthly local cost per trip as reported by Pace Suburban Bus beginning February 1, 2010. The Local Share for this agreement shall not exceed $90,000.00 ($30,000 maximum per municipality) per COUNTY fiscal year. 2. PAYMENT - Upon receipt, review and approval of properly documented invoices, the COUNTY shall pay, or cause to be paid, to the MUNICIPALITIES the amounts invoiced for trips provided for seniors registered for the McHenry Pilot Project under their contracts with Pace Suburban Bus, or shall deduct costs, or cause to be deducted costs, to the MUNICIPALITIES the amounts invoiced for trips provided for seniors registered for the McHenry Pilot Project under the COUNTY contract with Pace Suburban Bus, provided that the amount invoiced together with the amounts of previous partial payments do not exceed the total compensation specified in this AGREEMENT. The COUNTY may not deny a properly documented claim for compensation, in whole or in part, without cause. The COUNTY shall not be required to pay the MUNICIPALITIES or deduct costs to the MUNICIPALITIES more often than monthly. Upon receipt, review and acceptance of all deliverables specified in this AGREEMENT, final payment or deductions shall be made to the MUNICIPALITIES, within thirty days of receipt of billing. Payment shall be sent to: The City of Crystal Lake 100 W. Woodstock Street Crystal Lake, IL 60014 The City of McHenry 333 S. Green Street McHenry, IL 60050 The City of Woodstock 121 W. Calhoun Street Woodstock, IL 60098 The MUNICIPALITIES shall be responsible for the submission of the Pace Suburban Bus dial -a -ride contract invoices to the COUNTY. A monthly report outlining specific information relative to the cost of services related to the portion of the operation and management of the McHenry Pilot Project attributable to the municipal dial -a -ride services will be calculated by the COUNTY based on trip information provided monthly by Pace Suburban Bus. Intergovernmental Agreement between the County of McHenry. the City of Crystal Lake. the City of McHenry, and the City of Woodstock Page 2 of 2 DOT 104 inicrial Senirn Services Grant IGA 122110 3. FORCE MAJEURE - Neither party hereto shall be deemed to be in default or to have breached any provision of this AGREEMENT as a result of any delay, failure in performance or interruption of services resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, or war, which are beyond the control of such non -performing party. 4. MISCELLANEOUS - Upon request, the COUNTY shall be entitled to have access to the records maintained by the MUNICIPALITIES with respect to this AGREEMENT only. Any failure of either the MUNICIPALITIES or COUNTY to strictly enforce any term, right or condition of this AGREEMENT shall not be construed as a waiver of such term, right or condition. 5. HOLD HARMLESS - The MUNICIPALITIES will agree to indemnify, save harmless and defend the COUNTY, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to property, which may arise or which may be alleged to have arisen out of or in connection with the scope of service covered by this contract upon award. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the willful and wanton conduct of the COUNTY, its agents, servants, or employees or any other person indemnified hereunder. 6. AMENDMENT OR MODIFICATION OF THIS AGREEMENT - This AGREEMENT may be amended or modified only by written instrument signed by both the MUNICIPALITIES and the COUNTY. 7. ENTIRE AGREEMENT - This AGREEMENT represents the entire agreement between the COUNTY and the MUNICIPALITIES and supersedes all prior negotiations, representations or agreements, either written or oral. 8. AGREEMENT BINDING - This AGREEMENT shall be binding upon the parties and their respective transferees, successors, and assigns. 9. NOTICES REQUIRED UNDER THIS AGREEMENT - Any notice required by the provisions of this AGREEMENT shall be mailed to: Attn: Director of Transportation Attn: City Manager McHenry County Division of Transportation The City of McHenry 16111 Nelson Road 333 S. Green Street Woodstock, Illinois, 60098 McHenry, IL 60050 Attn: City Manager The City of Crystal Lake 100 W. Woodstock Street Crystal Lake, IL 60014 Attn: City Manager The City of Woodstock 121 W. Calhoun Street Woodstock, IL 60098 Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake. the City of McHenry, and the City of Woodstock Page 3 of 3 DOT Munic.inal Senior Services Grant IGA 122110 10. PERIODIC REVIEW - The MUNICIPALITIES and the COUNTY agree that periodically, but not less than semi-annually, this AGREEMENT shall be subject to review by the parties. 11. SEVERABILITY - The invalidity or enforceability of any of the provisions of this AGREEMENT shall not affect the validity or enforceability of the remainder of this AGREEMENT. 12. CONTROLLING LAW - The parties agree that any dispute, action, claim, cause of action, breach of contract, or other remedy or relief sought pursuant to the provisions of this Agreement shall be controlled and decided by the laws of the State of Illinois. The parties further agree that the appropriate venue for such disputes shall be the Circuit Court for the 22nd Judicial Circuit, McHenry County, Illinois. 13. TERM - This agreement will be in effect beginning February 1, 2010 and continuing, unless terminated pursuant to Paragraph 14 or at such time as the COUNTY's Senior Services Grant Fund financing ceases. 14. TERMINATION - Either party may terminate this AGREEMENT upon providing sixty (60) days' written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the date indicated above by their duly authorized representatives. CITY OF CRYSTAL LAKE CITY ofIMCHENRY /,mot Print Title: CITY OF WOODSTOCK Print Title: Date: Print Title: c,F COUNTY of MCHENRY Print Title: Intergovernmental Agreement between the County of McHenry. the City of Crystal Lake, the City of McHenry, and the City of Woodstock Page 4 of 4 DOT Ndunicioal Senior Services Grant IGA 122110