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HomeMy WebLinkAboutRESOLUTION - 6-18 - 1/23/2018 - Cook County Sheriff agreement RESOLUTION NO. 6-18 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK ON BEHALF OF THE COOK COUNTY SHERIFF AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK ON BEHALF OF THE COOK COUNTY SHERIFF AND THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 2311 day of January 2018. APPROVED this 23rd day of January 2018. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK ON BEHALF OF THE COOK COUNTY SHERIFF AND THE VILLAGE OF ELK GROVE VILLAGE This Intergovernmental Agreement ("IGA") is entered into by and between the County of Cook ("County") on behalf of the Cook County Sheriff("Sheriff') and the Village of Elk Grove Village, "(Municipality") (and collectively, the "Parties") pursuant to authority granted by the Illinois Constitution of 1970,Article VII, Section 10 and the Intergovernmental Cooperation Act, 5 ILCS 220. I. RECITALS WHEREAS,the Sheriff administers the Sheriff's Work Alternative Program ("SWAP") for offenders so sentenced and is responsible for assigning SWAP offenders duties to carry out their sentences; and WHEREAS, municipalities in Cook County have availed themselves of SWAP services, such as grounds cleanup, at no cost in the past; and WHEREAS,the services provided by SWAP represent a significant cost savings to the Municipality; and WHEREAS,the Sheriff and the Municipality seek to enter into a low-cost agreement wherein SWAP offenders would continue to provide service to the Municipality; and WHEREAS,the provisions of Article VII, Section 10 of the 1970 Illinois Constitution authorize and encourage units of local government to contract amongst themselves; and WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.), authorize and encourage intergovernmental cooperation; and WHEREAS, the revenue produced under this IGA will benefit the County of Cook and the Cook County Sheriff's Office; and NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the Parties agree as follows: IL INCORPORATION OF RECITALS The recitals set forth above are incorporated herein as though fully set forth. III. TERM AND TERMINATION The term of this IGA shall be for a term of three (3) years, commencing upon full execution of the Parties ("Initial Term"); with the option of renewing for two (2) subsequent one (1) year periods ("Renewal Option"). Either Sheriff or Municipality may request to exercise the First Renewal Option within sixty (60) days of the end of this Agreement period, and the Second Renewal Options within sixty (60) days of the end of the First Renewal extension period. The Agreement shall be effective when executed by County and Municipality. Either County or Municipality may terminate this IGA at any time upon thirty (30) written notice to the other Party. IV. SERVICES A. Provision of Services and Costs SWAP shall provide: Twelve (12) days of service per year at an annual cost of$1,000 (One Thousand Dollars). This Plan shall be referred to as "Plan A." X Eighteen(18)days of service per year at an annual cost of$2,000(Two Thousand Dollars). This Plan shall be referred to as "Plan B." Thirty (30) days of service at an annual cost of$5,000 (Five Thousand Dollars). This Plan shall be referred to as "Plan C." "Annual" shall be defined as a 365-day period commencing upon execution of this IGA. A day of service shall be defined 5 hours of work on site and a half-hour lunch break. In the event that Municipality exhausts all service days provided for under the selected Plan, Municipality may request additional service days at a pro-rated amount of$150 per day. B. Manner of Requesting Services. Upon full payment of the costs agreed to in Section A, Municipality shall request in writing its allotted days or a portion thereof no less than 15 days before a given requested day. C. Inclement Weather and Emergencies. In the event of inclement weather or SWAP's inability to provide service on an allotted day, such day shall be replaced by a substitute day at no additional cost to Municipality. D. Security. Sworn Cook County Sheriff's officers will maintain the security of SWAP crews at all times. No employee of Municipality shall have the ability to direct or supervise SWAP participants in any manner. E. S.W.A.P.Hours. S.W.A.P. offenders report to and remain under the custody,care and control of the Sheriff between the hours of 7 a.m. and 2:30 p.m. seven days per week, with the exception of County holidays. S.W.A.P. offenders are entitled to one half-hour lunch break per shift. F. Provisions. Municipality agrees to provide the following: i.) Washroom facilities; ii.) Drinking water; and iii.) All tools or implements as needed to complete the daily assignment. V. WARRANTIES Both Parties warrant that they have the legal authority to enter into this IGA and to bind themselves to its terms. The Cook County Board of Commissioners authorized the Sheriff of Cook County to enter into and execute this IGA on behalf of the County as evidenced by the Board Approval Letter attached hereto as Exhibit A. VI. INVOICING The Cook County Sheriff's Office will invoice the Municipality in the amount indicated in Section A, above, upon execution of this IGA, representing the annual charge for services. Additional days will be invoiced in accordance with Section A. VII. INDEMNIFICATION Municipality covenants and agrees to indemnify and hold harmless the County and the Sheriff and their Commissioners, officials, employees, agents and representatives, and their respective heirs, successors and assigns, from and against any and all costs, expenses, attorney's fees, losses, damages and liabilities incurred or suffered directly or indirectly from or attributable to any claims arising out of or incident to the performance or nonperformance of this IGA by the Municipality, or the acts or omissions of the officers, agents, employees, contractors, subcontractors, licensees or invitees of the Municipality. VIII. GENERAL PROVISIONS A. Compliance with Laws. The Parties shall at all times observe and comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, now existing or hereinafter in effect, which may in any manner affect the performance of this IGA. B. Dispute Resolution. In the event of a dispute between the Municipal and the Sheriff concerning this IGA, each shall designate a representative who shall meet to resolve the dispute. If the designated representatives fail to resolve the dispute, then the Sheriff's General Counsel and the counsel for the Municipality are responsible for promptly resolving the dispute in good faith and in a cooperative manner. C. Counterparts. This IGA may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single, integrated instrument. D. Governing Law and Venue.This IGA shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to the principles of conflicts of law thereof. If there is a lawsuit under this IGA, each party hereto agrees to the original jurisdiction of those courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this IGA. E. Entire IGA; Modification. This IGA constitutes the entire IGA between the parties with respect to the subject matter hereof and supersedes any prior IGAs, negotiations and discussions.This IGA may not be modified or amended in any manner without the prior written consent of the parties hereto. No term of this IGA may be waived or discharged orally or by any course of dealing, but only by an instrument in writing signed by the party benefited by such term. F. Severability. If any term of this IGA or any application thereof is held invalid or unenforceable, the remainder of this IGA shall be construed as if such invalid part were never included herein and this IGA shall be and remain valid and enforceable to the fullest extent permitted by law. G. Conflicts. This IGA shall not be legally binding if entered into in violation of the provisions of the Public Officer Prohibited Activities Act, 50 ILCS 105/0.01 et seq. H. Governmental Immunity. Notwithstanding anything to the contrary set forth elsewhere in this IGA, neither the County nor the Municipality has, and in no event shall either of them be construed to have, waived any rights or defenses of governmental immunity that it may have with respect to any matters arising out of this IGA or performance hereunder. I. Cooperation with Inspector General. Persons or businesses seeking County contracts are required to abide by all of the applicable provisions of the Office of the Independent Inspector General Ordinance (Section 2-281 et. seq. of the Cook County Code of Ordinances). Failure to cooperate as required may result in monetary and/or other penalties. Contractors, subcontractors, licensees, grantees or persons or businesses who have a County contract, grant, license, or certification of eligibility for County contracts shall abide by all of the applicable provisions of the Office of the Independent Inspector General Ordinance. Failure to cooperate as required may result in monetary and/or other penalties. J. Force Majeure. Neither the County nor the Municipality shall be liable for failing to fulfill any obligation under this IGA to the extent any such failure is caused by any event beyond such party's control and which event is not caused by such party's fault or negligence. Such events shall include but not be limited to acts of God, acts of war, fires, lightning, floods, epidemics or riots. K. Notices. Unless otherwise specified, any notice, demand or request required under this IGA must be given in writing at the addresses set forth below by any of the following means: personal service, overnight courier or first class mail. If to the County: Cook County Sheriff Attn: General Counsel Richard J. Daley Center, Room 704 Chicago, IL 60602 If to the Municipality: [REMAINDER INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF,this IGA is hereby executed on behalf of the Parties through their authorized representatives as set forth below: COOK COUNTY EXECUTION: The undersigned, on behalf of the County of Cook, Illinois, a body politic and corporate of the State of Illinois, hereby accept the foregoing Intergovernmental Agreement: Toni Preckwinkle President, Cook County Board of Commissioners ATTEST: Dated: Honorable David Orr Cook County Clerk ACKNOWLEDGED: Thomas Dart Cook County Sheriff Approved as to form: Assistant State's Attorney MUNICIPALITY: The undersigned, on behalf of the Municipality, hereby accept the foregoing Intergovernmental Agreement: Date: Print Name: Title: