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HomeMy WebLinkAboutOrdinances - ORD-16-1796 - 06/06/2016 - IGA W/FOX RIVER GROVE POLICE FOR DISPATCH SERVICESORDINANCE NO 164796 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE VILLAGE OF FOX RIVER GROVE POLICE DEPARTMENT FOR DISPATCH SERVICES WHEREAS, the City of McHenry, McHenry County, Illinois, is a Home Rule municipality as contemplated under Article V1I, 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 Fox River Grove Police Department 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 SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 6t"t]ay of June 2016. Voting Aye: Curry, Condon, Peterson, Wimmer, Schaefer, Santi, Glab Voting Nay: None Abstaining: None Not Voting: None Absent: None Mayor ATTEST: Exhibit A Intergovernmental Agreement Intergovernmental Agreement for Dispatch Services This Agreement is entered into by and between the parties hereto, pursuant to that certain Intergovernmental Agreement Relating to the Future Oversight of the McHenry PSAP Dispatch Center d/b/a NERCOM, dated on or near March 21, 2016 ("NERCOM IGA") and the provisions of Article VII, Section 10 of the Illinois Constitution of 1970, the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and is effective commencing December 1, 2016. Whereas, the City of McHenry ("Service Provider") through the NERCOM IGA provides radio dispatched police, fire and law enforcement services ("Dispatching Services") from the City of McHenry's police department offices located at 333 N. Green Street, McHenry, Illinois; and Whereas, the Village of Fox River Grove ("Customer") desires to obtain for its residents within their Village, the dispatching services provided by the Service Provider for the purposes of providing 24- hour E 9-1-1 telephone answering service for police officers employed by Customer ("Customer Personnel"). 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, the undersigned agree as follows: 1. Term of Agreement. This Agreement shall commence on December 1, 2016 and terminate on April 30, 2022 ("Term"), unless earlier terminated, after January 1, 2018, by the Customer upon ninety (90) days written notice to the other party for any reason or no reason at all. Service Provider may terminate this Agreement earlier than the stated term upon one (1) years' written notice to Customer for any reason or no reason at all. Any fee paid by the Customer shall be subject to reimbursement due to early termination of this Agreement. Upon expiration of this Agreement, it may only be extended by written agreement of both parties hereto. 2. Service Provider Obligation. The Service Provider shall provide Dispatching Services to the Customer during the term of this Agreement. 3. Customer Hardware. At its sole expense, Customer shall install and maintain any required radio infrastructure located outside of the Service Provider's dispatch center necessary to transmit communications from the Customer to the Service Provider. The cost of communication lines and interface equipment, located outside of the Service Provider's dispatch center, necessary to accomplish these services shall be the responsibility of the Customer. Service Provider shall own operate and maintain all equipment at the dispatching center. 4. No Supervision of Direction. The Dispatching Services provided to the Customer hereunder are limited to the dispatch of Customer Personnel. The Service Provider dispatchers and on -duty supervisory personnel have no responsibility to ensure that the Customer Personnel perform their duties or comply with any applicable rules and regulations. Any supervision and direction of Customer Personnel is outside the scope of this Agreement and remains the responsibility of the Customer. 5. Dispatch Fee. Customer shall, beginning May 1, 2017, pay to the Service Provider dispatch fees to the Service Provider in accordance with the payment schedule found in Exhibit A. Customer is permitted to alter the payment schedule to either monthly or quarterly payments providing the payments are delivered to the Service Provider prior to the conclusion of any monthly or quarterly service period. 6. Default. The failure of Customer to pay the Dispatch Fee shall constitute a default hereunder. In the event that the Customer defaults on its payment obligation or on any other obligation hereunder, the Service Provider shall send to Customer written notice of the default, and Customer shall then have seven (7) days after the date of the written notice to cure the default. If Customer fails to cure its default within the seven (7) day cure period, and no alternative agreement in writing has been reached by the parties hereto, the Service Provider shall be allowed to immediately discontinue providing all dispatching services it has agreed to provide under the terms of this Agreement and this Agreement shall be deemed terminated. 7. Additional Charges. If problems require the Service Provider staff to retrieve and dispatch calls from the Customer's facility, then Customer shall reimburse the Service Provider for any additional costs incurred. Otherwise, there shall be no additional charges under the Agreement unless they are mutually agreed upon in writing by the Service Provider and Customer. 8. No Agency Created. Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other. 9. 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. 10. Assignment Prohibited. No party shall assign this Agreement or the rights and duties hereunder. 11. Indemnification. Service Provider hereby indemnifies and holds Customer harmless from and against any and all claims which may arise out of the provision of Dispatch Services by Service Provider under this Agreement, except to the extent caused by the negligence of Customer, as the case may be. Customer hereby indemnifies and holds Service Provider harmless from and against any and all claims which may arise out of the obligations of Customer under this Agreement, or any obligation related to the provision of police and/or public works services, except to the extent caused by the negligence of Service Provider. By entering into this Agreement neither party waives any immunity provided by the laws of the State of Illinois. 12. Insurance. Service Provider agrees to provide the following insurance coverages for the Dispatch Services: 1. Commercial General Liability; 2. Business Liability for any equipment used in the provision of the Dispatch Services under this Agreement; 3. First Party Property; 4. Workers' Compensation; and 5. Employers' Liability for employees of Service Provider who perform the Dispatch Services under this Agreement. Such coverages shall be in amounts no less than what Service Provider maintains for itself in its normal course of business. If Service Provider's coverage as provided by its insurer is terminated for any reason Service Provider shall promptly notify Customer of receipt of any such notice; and Service Provider agrees to use its best efforts to provide comparable coverage either through membership in a joint risk management association or through commercial insurance carriers. 13. Other Terms and Conditions. Exhibit B includes other terms and conditions that are hereby made part of this Agreement. Dated this ´┐Żl''y` day of 92016 Customer: Village of Fox River Grove Service Provider: City of McHenry B I, Y Susan E. Low, Mayor Period Initial Term Year 1 Year 2 Year 3 Year 4 Year 5 Exhibit A Payment Schedule for Dispatch Services Agreement Between The City of McHenry and Village of Fox River Grove (2016) Period Start Date December 1, 2016 May 1, 2017 May 1, 2018 May 1, 2019 May 1, 2020 May 1, 2021 Period End Date April 30, 2017 April 30, 2018 April 30, 2019 April 30, 2020 April 30, 2021 April 30, 2022 Period Service Call Rate Traffic Stop Rate Initial Term Year 1 $ 27.00 Year 2 Inflation Adjusted Year 3 Inflation Adjusted Year 4 Inflation Adjusted Year 5 Inflation Adjusted $ 12.88 Inflation Adjusted Inflation Adjusted Inflation Adjusted Inflation AdjustedZ Annual Fee Due Date N/A May 31, 2017 May 31, 2018 May 31, 2019 May 31, 2020 May 31, 2021 Service Call Count 2,885 2016 CY3 2017 CY3 2018 CY3 2019 CY3 2020 CY3 Annual Fee Amount' $0.00 $102,508.68 $102,508.68 $102,508.68 $102,508.68 $102,508.68 Traffic Stop Count 1,911 2016 CY4 2017 CY4 2018 CY4 2019 CY4 2020 CY4 Annual Fee Formula Service Call Rate x Service Call Count + Traffic Stop Rate x Traffic Stop Count = Annual Fee Amount Note 'The Annual Fee amount paid will be based on the previous calendar year's actual Service Call Count multiplied by the adjusted Service Call Rate and the actual Traffic Stop Count multiplied by the adjusted Traffic Stop Rate. 'The annual rate increases shall be the lesser of 3% or CPI. CPI shall be calculated by using the United States Department of Labor's all items Consumer Price Index for Urban Consumers for the Chicago MSA. The count used for Service Calls shall be calculated by using the total number of Service Calls from the previous calendar year less the number of Service Calls that are considered "officer initiated" Service Calls including, but not limited to, Bar Checks, Business Checks, Foot Patrols, House Checks, Ordinance Violations, and Other Public Service. 'The count used for Traffic Stops shall be calculated by using the total number of Traffic Stops from the previous calendar year. Exhibit B Other Terms and Conditions for Dispatch Services Agreement Between The City of McHenry and Village of Fox River Grove (2016) Operation of Full Service Dispatch Center by Service Provider. Service Provider shall continue to operate directly a full service dispatch center to provide dispatch services to Customer. Services to be provided by Service Provider to Customer shall include without limitation the following: 1. Provide 24-hour a day answering of all emergency 9-1-1 and police non -emergency calls, maintain updated telephone lists of Customer staff and employees and implement and utilize call -out procedures for emergencies and non -emergencies, and forward messages utilizing reasonable telephone answering procedures adopted by Service Provider. 2. Provide 24-hour a day dispatching for all Customer Police Department and Customer Public Works calls for service and related activities. 3. Maintain and operate radio and computer communications with Customer for all Police Department calls, utilizing dispatching procedures adopted and agreed upon by the parties. 4. Service Provider will use best efforts to maintain the following minimum daily dispatch services employee staffing levels: At least 2 persons at all times; provided, however, in the event that staffing difficulties caused by an emergency situation that is beyond Service Provider's reasonable control prevent such minimum staffing, then Service Provider shall notify Customer of any circumstance when such minimum staffing level will not be met. 5. Provide and continuously update training to all Service Provider dispatch services employees in the operation of the McHenry County ETSB C.A.D. program on behalf of Customer. 6. Answer questions related to public health and safety issues (i.e. boil orders or street closures) and general information related to Police and other Customer services asked by Customer citizens and others in accordance with informational materials provided by Customer; provided, however, that Service Provider shall forward to Customer, as the case may be, non -emergency calls. 7. Maintain a logging and recording system of all calls and, upon request, provide copies of recorded calls to the Customer Police Department. 8. Operate, maintain, and manage the Law Enforcement Data System program ("LEADS") and the National Crime Information Center program ("NCIC'), including without limitation the following activities: Assist and cooperate with all audits of the LEADS and NCIC program files and operations; Enter into the LEADS or NCIC system information as requested by Customer, including without limitation warrants and sex offenders; Maintain and manage hot files; Maintain and manage all LEADS and NCIC files; Remove from the LEADS and NCIC files information and data that is no longer current; Update and validate, on a regular basis, LEADS and NCIC data and files, with information provided by Customer.