HomeMy WebLinkAboutOrdinances - ORD-16-1786 - 04/18/2016 - IGA Cary FP dispatch SvcF
ORDINANCE NO 164786
AN ORDINANCEAU RUKI
THE MAYOR'S EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND
CARY 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 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 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hereby repealed to the extent of such conflict.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 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 18t'' day of April 2016.
Voting Aye: CON DON, PETERSON, WINNER, CURRY, SCHAEFER, GLAB, SANTI
Voting Nay: NONE
Abstaining: NONE
Not Voting: NONE
Absent: NONE
ATTEST:
Mayor
Exhibit A
Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT FOR FIRE DISPATCH
BETWEEN THE CITY OF MCHENRY AND CARY FIRE PROTECTION DISTRICT
This Agreement is effective this 1st day of May, 2017 by and between the City of McHenry
("McHenry") and the Cary Fire Protection District ("CFPD").
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. CFPD 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 CFPD have the power and authority to enter into this Agreement
pursuant to the provisions of Article VI I, 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, CFPD 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 CFPD during
the term of this agreement in accordance with Illinois law including but not limited
to 210 ILCS 50/3.70.
3. CFPD Hardware: At its sole expense, CFPD 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 CFPD.
4. No Supervision of Direction: McHenry Dispatching Services provided to CFPD
hereunder are limited to the dispatch of CFPD firefighters and emergency medical
personnel. McHenry dispatchers and on -duty supervisory personnel have no
responsibility to ensure that CFPD personnel comply with any applicable rules and
regulations. The supervision and direction of CFPD personnel is outside the scope of
this Agreement and remains the responsibility of CFPD.
5. Dispatch Fee: CFPD 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 CFPD 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 CFPD 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 CFPD Chief, respectively.
11. Indemnification: CFPD 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.
CFPD 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.
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12. Insurance: CFPD 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. CFPD 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 , 20
Cary Fire Protection District City of McHenry
By By
Board President
Mayor
3
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12. Insurance: CFPD 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. CFPD 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 201(
Cary Fire Protection District City of McHenry
Board President
Bz`'/^__
Y
Mayor