HomeMy WebLinkAboutOrdinances - ORD-16-1803 - 08/01/2016 - IGA Harvard FP Dispatch SvcORDINANCE NO 164803
AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND
HARVARD FIRE PROTECTION DISTRICT 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 Harvard Fire Protection District 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hereby repealed to the extent of such conflict.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 lst day of August 2016.
Voting Aye: Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
Voting Nay: None
Abstaining: None
Not Voting: None
Absent: None /�' ` ,1�7
ATTEST:
City,
Mayor
INTERGOVERNMENTAL, AGREEMENT FOR FIRE DISPATCH
BETWEEN THE CITY OF MCHENRY AND HARVARD FIRE PROTECTION DISTRICT
This Agreement is effective this V day of May, 2016 by and between the City of McHenry
("McHenry") and the Harvard Fire Protection District ("Harvard").
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. Harvard 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 Harvard 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 1LCS 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, Harvard and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on or about January 1'% 2017
and terminate on April 30, 2021 ("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.
If the need arises for the Harvard Fire Department to be dispatched by the City of
McHenry prior to January 15t, 2017, due to the closing of the Harvard SPAP, then
McHenry agrees to provide dispatch services to the Harvard Fire Department at that
time. The fee for this term of early service is enumerated in the dispatch fee section
of this agreement.
2. McHenry's Obligation: McHenry shall provide Dispatching Services to Harvard
during the term of this agreement in accordance with Illinois law including but not
limited to 210 II -CS 50/3.70.
3. Harvard Hardware: At its sole expense, Harvard 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 Harvard.
4. No Supervision of Direction: McHenry Dispatching Services provided to Harvard
hereunder are limited to the dispatch of Harvard firefighters. McHenry dispatchers
and on -duty supervisory personnel have no responsibility to ensure that Harvard
firefighters comply with any applicable rules and regulations. The supervision and
direction of Harvard firefighters is outside the scope of this Agreement and remains
the responsibility of Harvard.
5. Dispatch Fee: Harvard Fire shall, beginning January 15k, 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 27.00 per service call ("Service Call Rate") plus the lesser of any
increase in the Consumer Price Index from the prior calendar year (2015), or five
percent ("Adjusted Call Rate"). Thereafter, the Service Call Rate shall change
annually, on each anniversary date of this Agreement, using the same Adjusted Cali
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 tabor
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 Harvard Fire 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.
If the need arises for the City of McHenry to begin dispatch services for the Harvard
Fire Department prior to January 1St, 2017, then the Harvard Fire Department will be
billed for those months prior to the beginning of this agreement based on the calls
for service times the call rate of $27.00 per service call. The City of Harvard will be
given notice of the amount owed at the end of each month during this interim
period and will make payment no later than the 15th day of the preceding month
until the original term of this agreement begins.
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 Harvard 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.
2
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 Administrator or the Harvard Fire Chief,
respectively.
11. Indemnification: Harvard 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. Harvard 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.
12. Insurance: Harvard 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. Harvard 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 A& U4 , 20 j,b
Harvard Fire Protection District
By J"4Len
Board Pkl4ident
City of McHenry
By
Mayor