HomeMy WebLinkAboutOrdinances - ORD-11-1568 - 11/21/2011 - INTERGV AGMT WITH MUN GOVTS AND INTGVT AGMT W PACEORDINANCE NO. ORD-11-1568
AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRV,
CITY OF CRYSTAL LAKE AND CITY OF WOODSTOCK AND THE COUNTY OF
MCHENRV RELATING FOR ANNUAL DIAL -A -RIDE TRANSIT SERVICES IN 2012
AND;
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY
AND PACE THE SUBURBAN BUS DIVISION OF THE REGIONAL
TRANSPORTATION AUTHORITY FOR THE MCHENRY SERVICE INTEGRATION
AND COORDINATION PROJECT
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality
as contemplated under Article VIL 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 COITNCIL of the CITY OF
MCHENRY, McHenry County, Illinois, as follows:
SECTION 1: The Intergovernmental Agreement Between The City Of N/IcHenry, City
Of Crystal Lake And City Of Woodstock And The County Of McHenry Relating For Annual
Dial -A -Ride Transit Services IN 2012 be and the same is hereby approved. A complete and
accurate copy of said agreement is attached to this ordinance and incorporated herein by
reference.
SECTION 2: The Intergovernmental Agreement Between The City Of McHenry And
Pace The Suburban Bus Division Of The Regional Transportation Authority For The McHenry
Service Integration And Coordination Project be and the same is hereby approved. A complete
and accurate copy of said agreement is attached to this ordinance and incorporated herein by
reference.
SECTION 3: The Mayor and City Clerk are hereby authorized to affix their signatures
as Mayor and City Clerk to said Intergovernmental Agreement Between The City Of McHenry,
City Of Crystal Lake And City Of Woodstock And The County 01' McHenry Relating For
Annual Dial -A -Ride Transit Services IN 2012 and said Intergovernmental Agreement Between
Fhe City Of McHenry And Pace The Suburban Bus Division Of The Regional Transportation
Authority For The McHenry Service Integration And Coordination Project for the uses and
purposes therein set forth.
SECTION 4: Ali Ordinance or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 21s' DAY OF NOVEMBER, 2011
AYES: Sand, Glab, Schaefer, Blake, Wirm-ner, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
NO'I'VOTING: None
,MAYOR
ATTEST:
A � f. A-^
CITY
INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MeHENRY, THE
CITY OF CRYSTAL LAKE, THE CITY OF MeHENRY, AND
THE CITY OF WOODSTOCK
FOR ANNUAL DIAL -A -RIDE TRANSIT SERVICES IN 2012
This Intergovernmental Agreement is entered into by and between the County of McHenry, the City of
Crystal Lake, the City of McHenry, and the City of Woodstock for the purpose of improving dial -a -ride
transit services in McHenry County.
1. McHenry County, the City of Crystal Lake, the City of McHenry, and the City of Woodstock (the
Partner Agencies) agree to combine local dial -a -ride programs into one contracted service called
MCRide with Pace Suburban Bus to improve service delivery, reduce administrative costs, and
better utilize grant monies.
2. The Partner Agencies Agree that McHenry County will contract with Pace Suburban Bus to offer
dial -a -ride service currently being provided under separate contracts between Pace Suburban Bus
and the Partner Agencies. The existing contracts will end when the contract between Pace
Suburban Bus and McHenry County begins.
3. The Partner Agencies agree that each municipality will be invoiced 25% of the Operating Deficit
by the County and any minimum fare differential. The Operating Deficit to each corrimunity will
be accounted for separately and will be based on the total costs of trips with an origin and
destination in the community after fares are deducted. Minimum fare differential is an amount
charged by Pace for fares below the set minimum for dial -a -ride services.
4. The Partner Agencies agree that funding from Pace to cover 75% of the Operating Deficit of the
municipal dial -a -ride services will continue to be dedicated to provide dial -a -ride service in the
municipalities.
5. The Partner Agencies agree that grant monies will be reimbursed to each municipality for eligible
costs paid by the municipality after the County has received reimbursement.
6. The Partner Agencies agree to make incremental fare changes on January 2, 2012 and no later than
January 1, 2014 to be equal to or greater than the Pace Minimum Fare as detailed in Table 1.
Table I
Current Flat Fares by Service
ew ase F e up to 5 miles and 25
cents for each additional mile
Fare
Type
Pace
Minirnum
Fare
Crystal
Lake
McHenry
Woodstock
County
Crystal Lake &
McHenry on
January 2, 2012
Woodstock & County
on January 2, 2012
(all by Jan. 2014)
General
$1.75
$1.50
1.75
$2.00
$3.00
$1.75
$2.00
Senior
$0.85
$0.75
$0.75
$1.00
$3.00
$0.85
$1.00
Disabled
KO. 8 -5
-$ 0. 7-5
-�-0.75
$1.00
$3.00
$0.85
$1.00
Student
$0.85
$0.75
$0.75
$1.50
$3.00
$1.75
$2.00
Page 3 of 7
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.
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.
No Personal Liability
No official, director, officer, agent, or employee of the County shall be charged personally or held
contractually liable Linder any term or provision of the Agreement or because of their execution,
approval or attempted execution of this Agreement.
Modification or Amendment
This Agreement, the documents it incorporates, and its attachments constitute the entire Agreement of
the parties on the subject matter hereof and may not be changed, modified, discharged, or extended
except by written amendment duly executed by the par -ties. Each party agrees that no representations or
warranties shall be binding upon the parties unless expressed in writing herein or in a duly executed
amendment hereof, or change order as herein provided.
Termination
Any party may terminate this Agreement for any or no reason upon providing sixty (60) days' written
notice to the other parties.
Page 5 of 7
City of
Name:
Signati
Title: City Manager
Date: November 22, 2011
Attested:
November 22, 2011
Page 7 of 7
City of Woodstock
Name: J
9A41,41i
Signature: 101,
Title: f ,4 x)-
Date: // — /Xi —,
Attested: jdd,ni,
Date:
McHenry County
Division of Transportation
Joseph R. Korpalskl, Jr., P.E.
Director of Transportation/County Engineer
Intergovernmental Agreement between the County and City
January 10, 2012
Ms. Kathi Kunzer
Deputy City Clerk
City of McHenry
333 South Green Street
McHenry, Illinois 60050
Dear Ms. Kunzer:
Enclosed is an executed copy of the Intergovernmental Agreement Between the County, Crystal
Lake, McHenry and Woodstock.
Let me know if you have any questions regarding this IGA. I can be reached at'(815) 334-4981
or jjosbom(?.co.mchenry.i1.us.
Best r ds,
os,
Jas n J. Osbom
Principal Transportation Planner
Enclosures: IGA for Annual Dial -A -ride Transit Services in 2012.
16111 Nelson Road - Woodstock - IL - 60098
Phone (815) 334-4960 - Fax (815) 334-4989
INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF MCHENRY. ILLINOIS AND PACE THE SUBURBAN BUS
DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR THE
MCHENRY SERVICE INTEGRATION AND COORDINATION PROJECT
THIS AGREEMENT is entered into this Py(day of 2011, and sets forth the
agreement between the City of McHenEy in the County of McHenry, a body corporate and
politic (hereinafter referred to as "the CIT "),With offices located at333 Green South Street
McHenry, 11 60050-5496 and the Suburban Bus Division of the Regional
Transportation Authority, a municipal corporation created by Sections 1.04 and 3A.01 of
the Regional Transportation Authority Act (70 ILCS 3615/1.04, 3A.01), with offices located
at 550 West Algonquin Road, Arlington Heights, Illinois 60005 (hereinafter referred to as
"PACE").
RECITALS
WHEREAS, the CITY and PACE 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 McHenry County Implementation Task Force which is group of
government, non-profit agency, and citizen representatives that have been working to
improve Paratransit services in McHenry County and of which the CITY is a member, has
asked McHenry County Division of Transportation (DOT) to act as lead agency for the
McHenry County Service Integration and Coordination Project (hereinafter referred to as
the "PROJECT"); and
WHEREAS, the Sponsors participating in the PROJECT are City of Crystal Lake, City
of McHenry, City of Woodstock, Dorr Township, McHenry Township and Greenwood
Township; and
WHEREAS, the McHenry County DOT and the CITY has requested PACE Paratransit
funds used to subsidize the current Dial -A -Ride services for the City of Crystal Lake,
McHenry and Woodstock be provided directly to McHenry County DOT for the cost of
operations of the PROJECT.
WHEREAS, the CITY desires to terminate the PACE Local Share Agreement; and
WHEREAS, the CITY desires to participate in the PROJECT; and
2012 City of McHenry IGA Page I of 7
WHEREAS, the PACE subsidy budgeted forthe CITY will be provided to the
McHenry County DOT to be used for the cost of operations of the PROJECT; and
WHEREAS, PACE understands the McHenry County DOT will enter into an Inter -
Governmental Agreement (IGA) with the cities of Crystal Lake, McHenry and Woodstock.
Each of these Agreements will detail the funding and operational arrangements between
each of the cities and McHenry County DOT. This includes, but is not limited to, service
hours, service area(s), fares, rider eligibility, and details for allocation of - funding, service
costs and local share reimbursement; and
WHEREAS, the McHenry County DOT has applied for funding, and agrees to serve as
the administrator and fiscal agent for the PROJECT; and
WHEREAS, the RTA, has committed federal funds for the PROJECT; and
WHEREAS, the McHenry County DOT and PACE shall enter into an IGA for Lhe
purpose of establishing PACE as Coordinator; and
WHEREAS, PACE is in tire business of public transportation, has the necessary
expertise required of a Coordinator as described herein, and is willing to provide the
functions required of Coordinator; and
WHEREAS, the specifics of the service design shall be stated in the IGA between
Pace the McHenry DOT, as negotiated; and
WHEREAS, the McHenry County DOT shall compensate PACE for its time and
expertise in operating and implementing the PROJECT; and
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth,
the parties agree as follows:
1.0 INCORPORATION OF RECITALS AND CONSTRUCTION
The foregoing recitals are hereby incorporated by reference as though fully
set forth herein.
1.2 The headings of the paragraphs and subparagraphs of this AGREEMENT are
inserted for convenience of reference only and shall not be deemed to
constitute part of this AGREEMENT or to affect the construction hereof.
2.0 PROJECT DESCRIPTION
PACE shall provide paratransit services for the CITY as described in the IGA
between PACE and the McHenry County DOT as the Coordinator for the PROJECT.
PACE shall be compensated by McHenry County DOT for service costs under the IGA
between PACE and the McHenry County DOT.
3.0 DEFINITIONS
2012 City of McHenry IGA Page 2 of 7
For the purposes of this AGREEMENT, the following definitions shall apply:
3.1 Paratransit services means- the provision of demand responsive
transportation by a carrier.
3.2 Carrier or Contractor means- a public or private entity providing passenger
transportation on a regular and continuing basis.
3.3 Eligible Rider means- any person who registers and is deemed eligible by
McHenry DOT or the CITY for participation in the PROJECT.
3.4 Sponsor means- a unit of local government or an agency that will participate
in the PROJECT providing Paratransit services to its Eligible Riders.
3.5 Eligible trip means- Paratransit transportation taken by eligible riders
traveling within the eligible service area in accordance with the PROJECT
service parameters.
4.0 FUNDING
4.1 PACE shall provide any subsidy budgeted for the CITY directly to the
McHenry County DOT.
4.2 Pace shall bill the McHenry DOT on a monthly basis for the CITY share of the
PROJECT service cost.
4.3 The McHenry DOT shall pay PACE for services rendered in accordance with
the requirements of the IGA between the McHenry DOT and PACE.
5.0 DELIVERABLES
PACE shall provide the CITY, on or before the expiration ofthis
AGREEMENT, or promptly after notice of termination, the deliverables
specified in Paragraph 7.0 of this AGREEMENT.
6.0 RELATIONSHIP OF THE CITY, PACE, MCHENRY DOT and STEERING
COMMITTEE
6.1 PACE shall review and consider the administrative policies developed and
recommended for the PROJECT by the Steering Committee. However, any
administrative policies recommended by said Steering Committee shall be
subject to approval and adoption by the McHenry DOT and PACE.
6.2 The McHenry DOT shall be responsible for the implementation and
oversight of the administrative policies that have been reviewed, approved,
and adopted by PACE.
6.3 The McHenry DOT shall be responsible for the execution and maintenance of
any necessary agreements with the PROJECT Sponsors desiring to provide
transportation services for their clients or riders as described in the IGA
2012 City of McHenry IGA Page 3 of 7
between the McHenry DOT and PACE.
6.4 PACE shall review and consider service parameters developed and
recommended for the PROJECT by the various Sponsors, including but not
limited to, service boundaries, Eligible Riders, charges for fares, days and
hours of service for each Sponsor's service, and dispute resolution of issues
related to Eligible Rider compliance with guidelines for usage. However, any
service parameters developed by the PROJECT Sponsors shall be subject to
approval and adoption by the McHenry DOT and PACE.
6.5 PACE may contract with other Carriers for the delivery of transportation
services and central call center services. Said carriers shall be
subcontractors of PACE.
6.6 PACE shall have the right to make minor revisions to the service standards
upon written notification to, and concurrence, not to be unreasonably,
withheld by the McHenry DOT.
7.0 PACE'S RESPONSIBILITIES
7.1 PACE shall provide the subsidy budgeted forthe CITY directly to the
McHenry County DOT. The Pace subsidy for the CITY shall be calculated
monthly on a year-to-daLe basis to adjust for actual vehicle hours of service
and ensure that the annual Pace Contribution is not depleted in advance
before the end of the term of this agreement.
7.2 Pace's goal is to maintain the total funding commitment at historical levels,
provided that adequate funding is made available from the RTA.
7.3 In the event that the CITY terminates this AGREEMENT, Pace agrees to
negotiate a new agreement with the CITY that will restore funding under the
parameters of the historical Paratransit program, provided that the program
is in effect and that sufficient funding has been made available from the RTA.
7.4 PACE shall be responsible for performance of the day-to-day operations of
the PROJECT and shall enter into contracts with Carriers as subcontractors
for the delivery of Paratransit services and scheduling and dispatch services
for the Dispatch Center.
7.5 PACE shall be responsible for the submission of invoices to the McHenry
DOT and a monthly report outlining specific information relative to the cost
of services related to the operation and management of the PROJECT that
have been provided by PACE directly or through carriers and
subcontractors.
7.6 Although PACE shall not be responsible for any failure to provide service
due to circumstances beyond its control, PACE shall make every reasonable
effort to restore service as soon as practical under the circumstances.
8.0 CITY'S RESPONSIBILITIES
2012 City of McHenry IGA Page 4 of 7
8.1 The CITY agrees to terminate the 2011 PACE Local Share AgreemenL
effective January 31, 2012.
8.2 The CITY agrees to PACE providing the budgeted CITY subsidy directly to
the McHenry DOT.
8.3 The CITY shall be responsible for establishing an Agreement with the
McHenry County DOT to provide paratransit services in the CITY.
9.0 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.
10.0 MISCELLANEOUS
10.1 Any failure of either the CITY or PACE to strictly enforce any term, right or
condition of this AGREEMENT shall not be construed as a waiver of such
term, right or condition.
11.0 GOVERNMENT REGULATIONS
The CITY and PACE shall each comply with all applicable local, State and
Federal statutes, ordinances and regulations and obtain licenses or permit.,;,
or other mandated approvals, now in force, or which may hereafter be in
force, pertaining to this AGREEMENT and the PROJECT.
12.0 AMENDMENT OR MODIFICATION OF THIS AGREEMENT
This AGREEMENT maybe amended or modified only by written instrument
signed by both the CITY and PACE.
13.0 ENTIREAGREEMENT
This AGREEMENT represents the entire agreement between the CITY and
PACE and supersedes all prior negotiations, representations or agreements,
either written or oral.
14.0 AGREEMENT BINDING
This AGREEMENT shall be binding upon the parties and their respective transferees,
successors, and assigns.
15.0 NOTICES REQUIRED UNDER THIS AGREEMENT
Any notice required by the provisions of this AGREEMENT shall be mailed to:
2012 City of McHenry IGA Page 5 of 7
Pace Suburban BUS
55 0 West Algonquin Road
Arlington Heights, IL 60005
Attn: Thomas). Ross,
Executive Director
CC: Melinda 1. Metzger,
Deputy Executive Director
16.0 PERIODIC REVIEW
City of McHenry
333 South Green Street
McHenry, IL 60050-5496
Attn: Susan E. Low
Mayor
PACE and the CITY agree that periodically, but riot less than semi-annually,
this AGREEMENT shall be subjectto review by the parties.
17.0 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.
18.8 GOVERNING LAW
This AGREEMENT shall be governed by the laws of the State of Illinois both
as to interpretation and performance.
19.0 TERM OF THIS AGREEMENT
19.1 The term of this
AGREEMENT shall
begin February 1. 2012
and shall
continue in full
force and effect
subject to amendment pursuant
to
Paragraph 13.0
until one of the
following events occurs:
(a) this
AGREEMENT is
superseded by a
subsequent Agreement; or
(b) this
AGREEMENT is terminated by one
of the parties as provided
herein at
Paragraph 21.0
19.2 The CITY shall not be liable for, and shall not pay PACE for, any work
completed afterthis AGREEMENT'S expiration ortermination.
20.0 NON-DISCRIMI NATION
The parties shall cooperate to ensure that no person shall be denied the opportunity
to participate in nor be subjected to discrimination in the conduct of this service
because of race, creed, color, age, sex, national origin, nor the presence of any
sensory, mental or physical disability, nor in any manner contrary to applicable local
ordinance, State and Federal laws and regulations, specifically including Title VI of
the Civil Rights Act of 1964; Title 49, Code of Federal Regulations, Part 21 -
Nondiscrimination in Federally Assisted projects of the Department of
Transportation.
21.0 TERMINATION
Either party may terminate this AGREEMENT upon providing sixty (60) days'
2012 City of McHenry IGA Page 6 of 7
written notice to the other.
22.0. THEPARTIESAGREE
The parties agree that the preamble and whereas clauses are terms of this
agreement as though fully set forth hereunder.
23.0. DELEGATED AUTHORITY
This delegated authority for the CITY has duly approved this agreement.
24.0. PACE BOARD AUTHORITY
This agreement has been properly authorized by the Pace Board of Directors.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as
of the date indicated above by their duly authorized representatives.
NAME OF MUNICIPALITY
Susan E. Low
Print Ti Lie: Mayor
Date: I I - a I - -)L0 0
2012 City of McHenry IGA Page 7 of 7
Thomas 1. Ross .17e-
PrintTitle: Executive Director
Date: A� 0 �2-