HomeMy WebLinkAboutOrdinances - ORD-16-1784 - 01/18/2016 - IGA Village of Union Dispatch Svcr,
ORDINANCE NO 164784
AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND
VILLAGE OF UNION 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 Village of Union to provide Police Dispatch Services.
follows:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHenry City Council as
SECTION l:
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 execute 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hereby repealed to the extent of such conflict.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 18t'' day of Apri12016.
Voting Ave:
Voting Nay:
Abstaining:
Not Voting:
Absent:
ATTEST:
CONDONPETERSONWIMMERCURRY
, , , , SCHAEFER, GLAB, SANTI
NONE
NONE
NONE
NONE
City Clerk
Mayor
INTERGOVERNMENTAL AGREEMENT FOR DISPATCH SERVICES
BETWEEN THE CITY OF MCHENRY AND VILLAGE OF UNION
This Agreement is effective this 1st day of May, 2016 by and between the City of McHenry
("McHenry") and the Village of Union Illinois ("Union").
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. Union desires to obtain for its residents within their Village, 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 Union 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, Union 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 Union 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. Union Hardware: At its sole expense, Union 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, Illinois. The
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cost of telephone lines and interface equipment necessary to accomplish these
services shall be the responsibility of Union.
4. No Supervision of Direction: McHenry Dispatching Services provided to Union
hereunder are limited to the dispatch of Union police officers. McHenry dispatchers
and on -duty supervisory personnel have no responsibility to ensure that Union
police officers comply with any applicable rules and regulations. The supervision and
direction of Union police officers are outside the scope of this Agreement and
remain the responsibility of Union.
5. Dispatch Fee: Union shall, beginning May 1, 2016 ("Original Term Dispatch Fee"),
pay to McHenry monthly installments to be paid no later than the 101h 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 Union 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.
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9. Notices: All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Administrator or the Union Police Chief,
respectively.
10. Indemnification: Union 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.
Union 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: Union 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 of , 20 l6
Village of Union
City of McHenry
By By
Mayor Mayor
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9. Notices: All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Administrator or the Union Police Chief,
respectively.
10. Indemnification: Union 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.
Union 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: Union 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 of 4 day of Ari , 20 i
Village of Union
Mayor
City of McHenry
By
;K1,/-
Mayor