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Home My WebLink AboutOrdinances - ORD-16-1783 - 04/04/2016 - IGA City of Marengo Dispatch SvcORDINANCE NO 16=1783 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 SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 4t1i day of April2016 Voting Ave: CONDON, PETERSON , WIMMER, CURRY, SCHAEFER, GLAB, SANTI Voting Nay: NONE Abstaining: NONE Not Voting: NONE Absent: NONE Mayor ATTEST: lc EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR DISPATCH SERVICES BETWEEN THE CITY OF MCHENRY AND CITY OF MARENGO This Agreement is effective this 1st day of May, 2016 by and between the City of McHenry ("McHenry") and the City of Marengo ("Marengo"). A. McHenry provides to its residents and businesses, among other services, radio dispatched police and law enforcement services ("Dispatching Services") within its corporate limits. B. Marengo desires to obtain for its residents within their City, the 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, 2016 and terminate on April 30, 2019 ("Original Term"), 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. Upon expiration of the Original Term, the 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 pm, 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, 1 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: Marengo shall, beginning May 1, 2016 ("Original Term Dispatch Fee"), pay to McHenry monthly installments to be paid no later than the 10th day of each month. The Original Term Dispatch Fee will be -calculated based on the existing rate of $26.00 per service call ("Service Call Rate") and $12.88 per traffic stop (Traffic Stop Rate) plus the lesser of any increase in the Consumer Price Index from the prior calendar year (2015), or three (3) percent ("Adjusted Call Rate"). Thereafter, the Service Call Rate and Traffic Stop Rate shall change annually, on each anniversary date of this Agreement, using the same Adjusted Call Rate calculation. The CPI adjustment shall be calculated using the annual average change as published by the United States Department of Labor's Bureau of Labor Statistics, All Items Consumer Price Index for Urban Consumers for Chicago, Illinois. The Adjusted Call Rate shall then be multiplied by the number of service calls and traffic calls dispatched by McHenry for Marengo in the prior year, thereby arriving at the Dispatch Fee for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. 6. No Agency Created: Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other.. 7. Entire Agreement: 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. 8. Assignment Prohibited: No party shall assign this agreement or the rights and duties hereunder. a 9. Notices: All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Administrator or the Marengo.Police Chief, respectively. 10. Indemnification: 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. 11. Insurance: 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 limited 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. Dated this day of4a201(P City of Marengo City of McHenry T 11�11� .Y C, BY Mayo Mayor 3