HomeMy WebLinkAboutOrdinances - ORD-16-1785 - 04/18/2016 - IGA Fox River Grove FPD Dispatch SvcORDINANCE NO 164 785
AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND
FOX RIVER GROVE FIRE DEPARTMENT 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 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 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hereby repealed to the extent of such conflict.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 %J 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: CONDON, PETERSON, WINNER, CURRY, SCHAEFER, GLAB, SANTI
Voting Nay: NONE
Abstaining: NONE
Not Voting: NONE
Absent: NONE
Mayor
ATTEST:
Exhibit A
Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT FOR FIRE DISPATCH
BETWEEN THE CITY OF MCHENRY AND FOX RIVER GROVE FIRE DEPARTMENT
This Agreement is effective this 15t day of May, 2017 by and between the City of McHenry
("McHenry") and the Fox River Grove Fire Department ("FRGFD").
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. FRGFD desires to obtain for its residents within their District, the Dispatching
Services of McHenry for the purposes of providing 24-hour E 9-1-1 telephone
answering service for emergency firefighters employed by the District.
C. McHenry and FRGFD 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 premises contained herein and other good
and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as
being received, FRGFD and McHenry agree as follows:
1. Term of Agreement This Agreement shall commence on May 1, 2017 and
terminate on April 30, 2022 ("Original Term"), unless earlier terminated by either
party upon one year'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 FRGFD during
the term of this agreement in accordance with Illinois law including but not limited
to 210 ILCS 50/3.70.
3. FRGFD Hardware: At its sole expense, FRGFD 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
cost of telephone lines and interface equipment necessary to accomplish these
services shall be the responsibility of FRGFD.
4. No Supervision of Direction: McHenry Dispatching Services provided to FRGFD
hereunder are limited to the dispatch of FRGFD firefighters and emergency medical
personnel. McHenry dispatchers and on -duty supervisory personnel have no
responsibility to ensure that FRGFD personnel comply with any applicable rules and
regulations. The supervision and direction of FRGFD personnel is outside the scope
of this Agreement and remains the responsibility of FRGFD.
5. Dispatch Fee: FRGFD shall, beginning May 1, 2017 ("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 $28.00 per service call ("Service Call Rate") plus the lesser of any increase in the
Consumer Price Index from the prior calendar year (2016), or three percent
("Adjusted Call Rate"). Thereafter, the Service Call 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 dispatched
by McHenry for FRGFD in the prior calendar 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. Additional Charges: If telephone service line problems require McHenry staff to
retrieve and dispatch calls from a location other than the McHenry Dispatch Center,
then FRGFD shall reimburse McHenry for any additional costs incurred by McHenry.
7. No Agency Created: Only an independent contractor relationship is created by this
Agreement and neither party shall constitute an authorized agent of the other.
8. 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.
9. Assignment Prohibited: No party shall assign this agreement or the rights and
duties hereunder.
10. Notices: All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry City Administrator or the FRGFD Chief,
respectively.
11. Indemnification: MUTUAL INDEMNIFICATION
A. FRGFD's Indemnity and Hold Harmless. To the fullest extent permitted by law, FRGFD
agrees to indemnify, defend, save and hold harmless McHenry, its officers, agents,
employees, elected or appointed officials, successors and assigns (individually and
collectively hereinafter referred to as "McHenry's Indemnitees") from and against any
and all liabilities, claims, losses, and/or demands for personal injury and/or property
damage, including reasonable attorney's fees, arising out of or caused by any act or
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omission of FRGFD, any of its contractors or subcontractors, anyone directly or indirectly
employed or engaged by any of them, or anyone for whose acts any of them may be
liable, arising out of or in connection with any work or activity performed pursuant to
this Agreement. (The items in the preceding sentence for which indemnification is
required are hereinafter referred to as "FRGFD Claims"). Such obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this
section. FRGFD shall similarly protect, indemnify and hold and save harmless McHenry's
Indemnitees from and against any and all claims, costs, causes, actions and expenses
including but not limited to court and administrative costs, reasonable attorneys and
paralegal fees incurred by reason of FRGFD's failure to fully perform any of its
obligations under, and/or FRGFD's breach or default of or under, any provision of this
Agreement.
McHenry's Indemnity and Hold Harmless. To the fullest extent permitted by law,
McHenry agrees to indemnify, defend, save and hold harmless FRGFD, its officers,
agents, employees, elected or appointed officials, successors and assigns (individually
and collectively hereinafter referred to as "FRGFD's Indemnitees") from and against any
and all liabilities, claims, losses, and/or demands for personal injury and/or property
damage, including reasonable attorney's fees, arising out of or caused by any act or
omission of McHenry, any of its contractors or subcontractors, anyone directly or
indirectly employed or engaged by any of them, or anyone for whose acts any of them
may be liable, arising out of or in connection with any work or activity performed
pursuant to this Agreement. (The items in the preceding sentence for which
indemnification is required are hereinafter referred to as "McHenry Claims"). Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right
or obligation of indemnity which would otherwise exist as to any party or person
described in this paragraph. McHenry shall similarly protect, indemnify and hold and
save harmless FRGFD's Indemnitees from and against any and all McHenry Claims, costs,
causes, actions and expenses including but not limited to court and administrative costs,
reasonable attorneys and paralegal fees incurred by reason of McHenry's failure to fully
perform any of its obligations under, and/or McHenry's breach or default of or under,
any provision of this Agreement.
12. Insurance: FRGFD 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
limits 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 changes thereto. FRGFD shall provide McHenry
with certificates of insurance evidencing coverage as required herein upon execution
of this Agreement and any future renewal.
Dated this day of Apr i I , 20 )� .
Fox River Grove Fire Department City of McHenry
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By By ,f-rq.✓"
Board President % Mayor
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