HomeMy WebLinkAboutResolutions - R-201012-82-360 - 12/21/2010 - MCHENRY COUNTY RESOLUTION APPROVE INTERGOVENMENTALAGENDA # S.2 J
R-201012-82-360
RESOLUTION
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY
OF MCHENRY AND THE CITY OF CRYSTAL LAKE, THE CITY OF MCHENRY, AND
THE CITY OF WOODSTOCK ENABLING PAYMENTS FOR DIAL -A -RIDE
SERVICES FROM THE SENIOR SERVICE GRANT FUNDS
WHEREAS, the municipalities provide transportation services to seniors through municipal dial -a -ride
services contracted with Pace Suburban Bus; and
WHEREAS, the City of Crystal Lake, the City of McHenry, the City of Woodstock, have joined the
McHenry County Division of Transportation, Dorr Township, and the Pioneer Center to coordinate
transportation services creating a McHenry County Pilot Transit Program; and
WHEREAS, the McHenry County Division of Transportation applied for Senior Services Grant Funds
for coordinated transportation services and was awarded on November 20, 2007 one hundred and eighty
thousand dollars ($180,000) from the 2008 Senior Services Grant Fund (Dept. 23 OCA 230001 Obj. 4423) and
on September 21, 2010 two hundred thousand dollars ($200,000) from the 2011 Senior Services Grant Fund;
and
WHEREAS, the operational costs for the provision of transportation services for seniors participating in
the McHenry County Pilot Project were included in the grants awarded to the McHenry County Division of
Transportation and are eligible for funding; and
WHEREAS, the intergovernmental agreement stipulates that the municipalities will be reimbursed for
the average monthly local cost per trip provided for seniors participating in the McHenry County Pilot Transit
Program from the Senior Services Grant Fund (Dept. 23 OCA 230001 Obj. 4423) where said reimbursement
shall not exceed $30,000.00 per County fiscal year for each municipality.
NOW THEREFORE BE IT RESOLVED, that the County Board approves the intergovernmental
agreement between the cities of Crystal Lake, McHenry, and Woodstock and the County of McHenry enabling
payments for municipal dial -a -ride services from the Senior Services Grant Fund as part of the McHenry
County Pilot Transit Program; and
BE IT FURTHER RESOLVED, that there is hereby appropriated the sum of ninety thousand dollars
($90,000.00) from the RTA Sales Tax Fund, OCA code 820006-4232 for said agreement; and
BE IT FURTHER RESOLVED, that the RTA Sales Tax funds expensed will be reimbursed from Senior
Services Grant Funds awarded to the McHenry County Division of Transportation on November 20, 2007 and
September 21, 2010, OCA code 230001-4423; and
BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to transmit a certified copy of
this resolution to the County Board Chairman, County Administrator, Deputy County Administrator, Associate
County Administrator -Finance, County Auditor, County Treasurer, Director of Transportation/County Engineer,
and one each to the cities of Crystal Lake, McHenry, and Woodstock.
DATED at Woodstock, Illinois, this 21" day of December, A 2 t r
KENNETH D. KOEHLER, Chairman
McHenry County Board
ATTE T: �(
HERINE C. SC ULTZ, County Cl
DOT Municipal Senior Services Grant 1221
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF MCHENRY AND THE CITY OF CRYSTAL LAKE, THE
CITY OF MCHENRY, AND THE CITY OF WOODSTOCK
ENABLING PAYMENTS
FOR DIAL -A -RIDE SERVICES
FROM THE SENIOR SERVICES GRANT FUND
This AGREEMENT is entered into this _ day of December, 2010, between
the County of McHenry, (hereinafter referred to as "COUNTY"), and the City of Crystal
Lake, the City of McHenry, and the City of Woodstock, (hereinafter referred to as
"MUNICIPALITIES").
WHEREAS, the COUNTY and the MUNICIPALITIES are public agencies and
governmental units within the meaning of the Illinois Governmental Cooperation Act, as
specified at 5 ILCS 220/1, et seq., and are authorized by Article 7, Section 10 of the
Constitution of the State of Illinois to cooperate, contract, and otherwise associate for
public purposes; and
WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7
of the Constitution of the State of Illinois includes fostering cooperation among
governmental bodies; and
WHEREAS, the COUNTY and Pace Suburban Bus Division of the Regional
Transportation Authority have entered into an agreement to provide coordinated
demand response (hereinafter called the McHenry Pilot Project) within the Townships of
Dorr and McHenry and the Cities of Crystal Lake, McHenry, and Woodstock and to
Pioneer Center for Human Services clients in that geographic area; and
WHEREAS, the MUNICIPALITIES provide transportation services for seniors
through the municipal dial -a -ride programs and are coordinating service call center
operations, rider registration, and service hours as part of the McHenry Pilot Project;
and
WHEREAS, the McHenry County Division of Transportation applied for COUNTY
Senior Services Grant Fund financing for the McHenry Pilot Project and was awarded
on November 20, 2007 one hundred and eighty thousand dollars ($180,000) from the
2008 Senior Services Grant Fund (Dept. 23 OCA 230001 Obj. 4423) and on September
21, 2010 two hundred thousand dollars ($200,000) from the 2011 Senior Services Grant
Fund; and
WHEREAS, the operational costs for providing transportation for registered
seniors were included in the grant applications and are eligible for funding.
NOW THEREFORE, the Parties hereby agree to the following:
Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake, the City of McHenry. and the City of Woodstock
Page 1 of 1
DOT Minicioal Senior Services Grant IGA 122110
1. LOCAL SHARE FUNDING - The COUNTY agrees to pay the MUNICIPALITIES no
more than monthly for the Local Share incurred in providing trips for seniors registered
for the McHenry Pilot Project on a per trip basis on the municipal dial -a -ride services
contracted with Pace Suburban Bus and the COUNTY agrees to deduct Local Share
costs to the MUNICIPALITIES for costs incurred in providing trips for seniors registered
for the McHenry Pilot Project on a per trip basis on the COUNTY dial -a -ride contract
with Pace. The trip rate shall be calculated based on the average monthly local cost per
trip as reported by Pace Suburban Bus beginning February 1, 2010. The Local Share
for this agreement shall not exceed $90,000.00 ($30,000 maximum per municipality) per
COUNTY fiscal year.
2. PAYMENT - Upon receipt, review and approval of properly documented invoices, the
COUNTY shall pay, or cause to be paid, to the MUNICIPALITIES the amounts invoiced
for trips provided for seniors registered for the McHenry Pilot Project under their
contracts with Pace Suburban Bus, or shall deduct costs, or cause to be deducted
costs, to the MUNICIPALITIES the amounts invoiced for trips provided for seniors
registered for the McHenry Pilot Project under the COUNTY contract with Pace
Suburban Bus, provided that the amount invoiced together with the amounts of previous
partial payments do not exceed the total compensation specified in this AGREEMENT.
The COUNTY may not deny a properly documented claim for compensation, in whole or
in part, without cause. The COUNTY shall not be required to pay the MUNICIPALITIES
or deduct costs to the MUNICIPALITIES more often than monthly. Upon receipt, review
and acceptance of all deliverables specified in this AGREEMENT, final payment or
deductions shall be made to the MUNICIPALITIES, within thirty days of receipt of billing.
Payment shall be sent to:
The City of Crystal Lake
100 W. Woodstock Street
Crystal Lake, IL 60014
The City of McHenry
333 S. Green Street
McHenry, IL 60050
The City of Woodstock
121 W. Calhoun Street
Woodstock, IL 60098
The MUNICIPALITIES shall be responsible for the submission of the Pace Suburban
Bus dial -a -ride contract invoices to the COUNTY. A monthly report outlining specific
information relative to the cost of services related to the portion of the operation and
management of the McHenry Pilot Project attributable to the municipal dial -a -ride
services will be calculated by the COUNTY based on trip information provided monthly
by Pace Suburban Bus.
Intergovernmental Agreement between the County of McHenry. the City of Crystal Lake. the City of McHenry, and the City of Woodstock
Page 2 of 2
DOT Municipal Senior Services Grant ;GA 122110
3. FORCE MAJEURE - Neither party hereto shall be deemed to be in default or to have
breached any provision of this AGREEMENT as a result of any delay, failure in
performance or interruption of services resulting directly or indirectly from acts of God,
acts of civil or military authority, civil disturbance, or war, which are beyond the control
of such non -performing party.
4. MISCELLANEOUS - Upon request, the COUNTY shall be entitled to have access to
the records maintained by the MUNICIPALITIES with respect to this AGREEMENT only.
Any failure of either the MUNICIPALITIES or COUNTY to strictly enforce any term, right
or condition of this AGREEMENT shall not be construed as a waiver of such term, right
or condition.
5. HOLD HARMLESS - The MUNICIPALITIES will agree to indemnify, save harmless
and defend the COUNTY, its agents, servants, and employees, and each of them
against and hold it and them harmless from any and all lawsuits, claims, demands,
liabilities, losses and expenses, including court costs and attorney's fees, for or on
account of any injury to any person, or any death at any time resulting from such injury,
or any damage to property, which may arise or which may be alleged to have arisen out
of or in connection with the scope of service covered by this contract upon award. The
foregoing indemnity shall apply except if such injury, death or damage is caused directly
by the willful and wanton conduct of the COUNTY, its agents, servants, or employees or
any other person indemnified hereunder.
may be amended or modified o
MUNICIPALITIES and the COUNTY.
- This AGREEMENT
instrument signed by both the
7. ENTIRE AGREEMENT - This AGREEMENT represents the entire agreement
between the COUNTY and the MUNICIPALITIES and supersedes all prior negotiations,
representations or agreements, either written or oral.
8. AGREEMENT BINDING - This AGREEMENT shall be binding upon the parties and
their respective transferees, successors, and assigns.
provisions
shall be mailed to:
- Any notice required by the
Attn: Director of Transportation Attn: City Manager
McHenry County Division of Transportation The City of McHenry
16111 Nelson Road 333 S. Green Street
Woodstock, Illinois, 60098 McHenry, IL 60050
Attn: City Manager
The City of Crystal Lake
100 W. Woodstock Street
Crystal Lake, IL 60014
Attn: City Manager
The City of Woodstock
121 W. Calhoun Street
Woodstock, IL 60098
Intergovernmental Agreement between the County of McHenry. the City of Crystal Lake, the City of McHenry, and the City of Woodstock
Page 3 of 3
DOT Municioal Senior Services Grant IGA 122110
10. PERIODIC REVIEW - The MUNICIPALITIES and the COUNTY agree that
periodically, but not less than semi-annually, this AGREEMENT shall be subject to
review by the parties.
11. SEVERABILITY - The invalidity or enforceability of any of the provisions of this
AGREEMENT shall not affect the validity or enforceability of the remainder of this
AGREEMENT.
12. CONTROLLING LAW - The parties agree that any dispute, action, claim, cause of
action, breach of contract, or other remedy or relief sought pursuant to the provisions of
this Agreement shall be controlled and decided by the laws of the State of Illinois. The
parties further agree that the appropriate venue for such disputes shall be the Circuit
Court for the 22nd Judicial Circuit, McHenry County, Illinois.
13. TERM - This agreement will be in effect beginning February 1, 2010 and continuing,
unless terminated pursuant to Paragraph 14 or at such time as the COUNTY's Senior
Services Grant Fund financing ceases.
14. TERMINATION - Either party may terminate this AGREEMENT upon providing sixty
(60) days' written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed as of the date indicated above by their duly authorized representatives.
CITY OF CRYSTAL LAKE
Print Title:
CITY OF WOODSTOCK
CITY of MCHENRY
Print Title:
COUNTY of MCHENRY
Print Title: Print Title:
Date:
Intergovernmental Agreement between the County of McHenry, the City of Crystal Lake, the City of McHenry, and the City of Woodstock
Page 4 of 4
DOT Municinal Senior Services Grant IGA 1221lO
STATE OF ILLINOIS )
SS
COUNTY OF MCHENRY )
I, Katherine C. Schultz, County Clerk within and for said County and State aforesaid, do hereby
certify the attached to be a true and complete copy of Resolution No. R-201012-82-360 Authorizing
approving an Intergovernmental Agreement between McHenry and the City of Crystal Lake, City
of McHenry and City of Woodstock enabling payments for Dial -a -Ride services from the Senior
Service Grant funds. WHEREOF I have hereunto subscribed my hand and affixed the official seal of
said County, at my office in Woodstock, Illinois this ;-z day of LSe c e I w AD, .P c i o .
d Rn u C
McHenry County Clerk
OFFICE OF
KATHEFUNE C. SCHULTZ
McHENRY COUNTY CLERK
McHENRY COUNTY GOVERNMENT CENTER
2200N. SEMINARY AVENUE
WOODSTOCK, ILLINOIS 60098
PHONE 815/334-4242 • FAX 815/334-8727
E-MAIL countyclerk@co.mchenry.il.us
MEMO
TO: Susan Low
City of McHenry
FROM: Katherine C. Schultz
County Clerk
DATE: December 22, 2010
RE: Resolution approved by the McHenry County Board
Attached is a certified copy of a Resolution approved by the McHenry County
Board for your records approving an Intergovernmental Agreement between McHenry
County, City of Crystal Lake, City of McHenry and City of Woodstock enabling
payments for Dial -a -Ride services from the Senior Service Grant funds.
Thank you,
1 J\ Katherine C. Schultz
KCS:lf
enc