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Home My WebLink AboutOrdinances - ORD-19-1926 - 02/04/2019 - Dispatch Services UnionCity of McHenry McHenry County State of Illinois ORDINANCE NUMBER ORD-19-1926 An Ordinance authorizing the Mayor's Execution of an Intergovernmental Agreement between the City of McHenry and Village of Union for Dispatch Services ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ,2019 Published in pamphlet fo►•m by authority of the City Council of the City of McHenry, McHenry County, Illinois this -t--tday of ( � h , 2019 ORDINANCE NO 194926 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 Dispatch Services, NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHenry City Council as follows: 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 SECTION 3: AlI Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 411 day of February 2019. Voting Aye: Alderman Curry, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevo, Alderman Devine and Alderwoman Condon Voting Nay: 0 Abstaining: 0 Not Voting: 0 Absent: 0 r'� 1Wlayo • City Clerk Exhibit A Intergovernmental Agreement Intergovernmental Agreement for Dispatch Services Between the City of McHenry and Village of Union This Agreement is effective this lsr day of May, 2019 by and between the City of McHenry ("McHenry") and the Village of Union ("Union"), Recitals A. McHenry provides, among other services, radio dispatched police and law+ enforcement services ("Dispatching Services"), Be Union desires to continue utilizing Dispatching Services of McHenry forthe 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,.2019 and. terminate on April 30, 2024, 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. This Agreement may only be extended by written agreement of .both parties hereto. 2. McHenrv'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 4:00 p.m., 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 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 complywith any applicable rules and regulations. The supervision and direction Union. police officers. are outside the scope of this Agreement and remain the responsibility of Union. 5. Dispatch Fee; Beginning on Ma,, 1, 2019, Union shall pay monthly dispatch fees to McHenry, to be paid no later than the 10" day of each month ("Dispatch Fees"). The Dispatch Fees for Fiscal Year 2019/2020 shall be calculated at the rate of $29.00 per service call ("Service Call Rate") and $13.00 per traffic stop ("Traffic Stop Rate") multiplied by the number of service calls and Traffic calls dispatched by McHenry for Union during calendar year.2018. Commencing on each anniversary date of this Agreement, the Service Call Rate and Traffic Stop Rate shall each increase by 2.5% each year ("Adjusted Dispatch Rates") and the Adjusted Dispatch Rates shall be multiplied by the number of service calls and traffic calls dispatched by McHenry for Union in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original. Term Dispatch Fee, Miscellaneous Provisions 6. Only an independent contractor relationship is created by this Agreement and. neither party shall constitute an authorized agent of the other. 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. No party shall assign this Agreement or the rights and duties hereunder. All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Police Chief or the Union Police Chief, respectively, 7: 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. 8. 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 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 charges thereto. Village of Union City of McHenry By 3"' 1' 17 By 16e, 4 /t Its President Q Date 14/May6r Date 2