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HomeMy WebLinkAboutOrdinances - ORD-13-1617 - 01/21/2013 - AUTHORIZE MAYORS EXECUTITION OF INTERGOVERNMENTALDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1617 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF MCHENRY, THE CITY OF CRYSTAL LAKE, THE CITY OF MCHENRY, AND THE CITY OF WOODSTOCK FOR ANNUAL DIAL -A -RIDE TRANSIT SERVICES IN 2013 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article V11, 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 McHenry, and The City of Woodstock for Annual Dial-A-Ricle Transit Services in 2013 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 Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake, the City of McHenry, and The City of Woodstock for Annual Dial -A -Ride Transit Services in 2013 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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 21ST DAY OF JANUARY, 2013. AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOTVOTING: None APPROVED THIS 21ST DAY OF JANUARY, 2013. MAYOR ATTEST: — / �*� k e 0— 0 '\'6 CITY CL ®RK INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF McHENRY, THE CITY OF CRYSTAL LAKE, THE CITY OF McHENRY, AND THE CITY OF WOODSTOCK FOR ANNUAL DIAL -A -RIDE TRANSIT SERVICES IN 2013 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. 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 within and between the municipalities of Crystal Lake, McHenry, and Woodstock. 3. The Partner Agencies agree that each municipality will be invoiced 25% of the Operating Deficit by the County. The Operating Deficit to each community 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. Anticipated grant monies will be estimated for each month and subtracted from the invoice amount. Should actual grant reimbursement differ from estimates, the appropriate amount will be added or subtracted on the earliest subsequent invoice. 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 to adjust fares to be consistent throughout the MCRide service area on January 2, 2014. Table 1 Current Base Fare up to 5 miles and 25 cents for each additional mile Starting January 2, 2014 Fare Type Crystal Lake & McHenry Woodstock & bitercommunity All General $1.75 $2.00 $2.00 Senior $0.85 $1.00 $1.00 Disabled $0.85 $1.00 $1.00 Student $1.75 $2.00 $2.00 Page 2 of 7 6. The Partner Agencies agree to the service hours as detailed in Table 2. Table 2 =Monday SaturdayStart SaturdayEnd Service Hours &C 5:00 p.m. 5:30 a.m. 6:00 p.m. 8:30 a.m. 4:00 p.m. 7. The Partner Agencies agree to define seniors as individuals 60 years and older. 8. The Partner Agencies agree to allow trips to be reserved the day before the requested trip up to I hour before the requested trip. 9. The Partner Agencies agree to implement the following No -Show Policy: Any ride cancelled with less than 2 hours notice is considered a "late cancel". Any ride where the vehicle arrives and the client does not take the ride is considered a "no show." Riders with habitual late cancels or no shows may be suspended from service for one week. 10. The Partner Agencies agree to monitor service cost effectiveness and make additional changes to service hours, fares, and trip reservation policies only after all Partner Agencies have affirmed changes in writing and the public has been given at least 4 weeks notice of these changes. 11. The Partner Agencies agree that this agreement shall be subject to reapproval annually before November 30, 2013. 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. Indemnification The Cities of Crystal Lake, McHenry, and Woodstock agree to indemnify, defend, and hold harmless the County, its elected officials, its duly appointed officials, agents, employees and representatives, from and against any and all claims suits, settlements, actions, losses, expenses, damages, injuries, judgements, and demands arising out of this Agreement. The County agrees to indemnify, defend, and hold harmless the Cities of Crystal Lake, McHenry, and Woodstock, its elected officials, its duly appointed officials, agents, employees and representatives, from and against any and all claims suits, settlements, actions, losses, expenses, damages, injuries, judgements, and demands arising out of this Agreement. Severabili 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. Page 3 of 7 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 Liabilitv 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. 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 parties. 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 4 of 7 McHenry County Name: ma Hill Signature Title: Chair -woman McHenry County Board Date:— Attested:,O "ZZI(2 Page 5 of 7 City 01 Name: Signatu: Title: City Manager Attested: Date- Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.cl.mchenry.1l.us City of McHenry Name: 6-. &6)0 Signature: lalol Title: M A-A/0 1�2 Attested: � t r, e . �-n mi. � L�i i P (I Date: 161 .2013 Page 7 of 7 City of Woodstock Name: Signatt Title: Date: 0 ULU 2 1 2012 Attested: Arxe,"ZI A. e��tae-x- /;� - li� - 1A