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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 SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 2 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 0 By By ,f-rq.✓" Board President % Mayor 4