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HomeMy WebLinkAboutOrdinances - ORD-11-1533 - 04/04/2011 - AUTHORIZE INT AGRMT MTFPD WIRELESS ALARM PROGRAMOrdinance No. ORD-11-1533 An Ordinance Authorizing the Execution of an Intergovernmental Agreement between the City of McHenry and McHenry Township Fire Protection District for Wireless Alarm Program 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, as follows: SECTION 1: The Mayor and City Council of the City of McHenry find that an Intergovernmental Agreement to provide for the joint purchase, installation, maintenance and implementation of a Wireless Alarm Program in the City of McHenry is in the best interest in the residents of the City of McHenry. SECTION 2: The Mayor is hereby authorized to execute an Intergovernmental Agreement between the City of McHenry and McHenry Township Fire protection District, hereby attached as Exhibit A, for the purpose of the joint purchase, installation, maintenance and implementation of a Wireless Alarm Program. PASSED and. APPROVED this 4t' day of April, 2011. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstained: None Absent: None Mayor ATTEST: (- city C er INTERGOVERNMENTAL AGREEMENT FOR. THE OPERATION OF A WIRELESS ALARM PROGRAM This Intergovernmental Agreement ("Agreement") is entered into between the City of McHenry, McHenry County, Illinois ("City"), a home rule Illinois municipal corporation, and the McHenry Township Fire Protection District ("District") an Illinois fire protection district, (collectively, "Governmental Entities") on this 41h day of April, 2011. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, 5 ILCS 220/1 et seq., entitled the "Intergovernmental Cooperation Act," (the "Act"), provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party of the contract; and, WHEREAS, the City is a municipal government corporation duly incorporated under the laws of the State of Illinois and, as such, may enter into an intergovernmental agreement; and WHEREAS, pursuant to 70 ILCS 705/0.01 et seq., the District is a fire protection district duly incorporated under the laws of the State of Illinois; and WHEREAS, under the provision of 70 ILCS 705/6 et seq., the board of trustees of the District has the express power to enter into such an agreement; and WHEREAS, the Governmental Entities hereto have determined that it is in both of their best interests to enter into this Agreement to secure to each the benefits of operating an intergovernmental wireless fire/burglar alarm system; and WHEREAS, the Governmental Entities have agreed that there may be economies of scale and value in jointly purchasing and maintaining a wireless fire/burglar alarm system ("Alarm Equipment")-, and WHEREAS, this Agreement is for the purpose of purchasing, installing and operating the Alarm Equipment that will benefit the constituents of both Governmental Entities. The Alarm Equipment includes equipment both at the hub or head end of the system as well as equipment that will be located on -site with each subscriber to the alarm service (the "Subscriber Equipment"). WHEREAS, this Agreement satisfies the requirements of the Act and the Illinois State Constitution (Article 7, Section 10). NOW, THEREFORE, BE IT ORDAINED that the Governmental Entities agree as follows: City's Obligations: 1. To contract to purchase, install and operate the Alarm Equipment in the City's Police Department and the Subscriber's Equipment, at an initial cost of approximately $263,000. 2. To retain sole ownership of the Alarm Equipment and Subscriber Equipment. 3. To maintain adequate insurance coverage to allow for the replacement of any and all Alarm Equipment and Subscriber Equipment, if damaged, as a result of a natural disaster, fire or other normal insurance -reimbursable event. The City may elect to self -insure the Alarm Equipment and Subscriber Equipment if it determines that this is the most cost-effective means for acquiring coverage. The City shall name the District as an additional insured. 4. To be responsible for the day-to-day monitoring of the Alarm Equipment and Subscriber Equipment installed at the City Police Department and coordinating maintenance/service requests for that Alarm Equipment and Subscriber Equipment with the selected vendor. 5. To contract with and invoice the subscribers of the Alarm Equipment and Subscriber Equipment, as well as collect the associated payments. 6. To pay to the District for performance of its obligations hereunder 20% of the subscriber revenue received within the City for the first three (3) years of this Agreement. Thereafter, the City shall increase this compensation to 25% for the remainder of the term of this Agreement. 7. To provide an annual accounting to the District of revenue and expenses of the operation of the Alarm Equipment and Subscriber Equipment. 8. To be responsible for paying the individual vendor(s) associated with this Alarm Equipment and Subscriber Equipment and shall determine individual subscriber charges for the use of this service. District's Obligations: 1. To evaluate and monitor Subscriber Equipment installed at each individual customer location through the District's normal course of Fire Inspection. The District shall 2 arrange and/or coordinate any maintenance, service or repairs of the Subscriber Equipment with the City approved contractor at the City's cost. 2. To contact each of the existing alarm customers serviced by the City and provide promotional materials required contracts and pricing information and conduct a series of public meetings to inform all interested customers of the details concerning the wireless system, which is the subject of this Agreement. 3. To monitor the installation of the Subscriber Equipment and coordinate with the City selected vendor and the customers to facilitate the actual installation. Information concerning each Subscriber Equipment installation will be provided to the City to establish the appropriate billing; information. 4. The; District shall pay the City for performance of its obligations hereunder 20% of the subscriber revenue received by the District outside the City for the first three (3) years of this Agreement. Thereafter, the District shall increase this compensation to 25% for the remainder of the term of this Agreement. Term of Agreement 1. The Governmental Entities agree to be bound by this Intergovernmental Agreement for a. five (5) year period from the date of this Agreement; however, either Governmental Entity may terminate this Agreement upon one (1) year's written notice to the other. CITY OF McHENRY: Mayor Date: April 4, 2011 McHENRY TOWNSHIP FIRE PROTECTION DIS ICT Presidents,[ Date: 7:\M\McHenryCityotNintergAgmtAlarm.McHTownFire.doc 3