HomeMy WebLinkAboutRESOLUTION - 1-16 - 1/26/2016 - COOK COUNTY SHERIFF AGREEMENTRESOLUTION NO. 1-16
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: 6 NAYS: 0 ABSENT: 0
PASSED this 26`h day of January 2016.
APPROVED this 261h day of January 2016.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
S W APA,,reement^U 15
INTERGOVERMENTAL 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:
II. 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 January 1, 2016 and end December 31, 2016; with the
option of renewing for a subsequent one (1) year period. Either Sheriff or
Municipality may request a renewal within sixty (60) days of the end of this
Agreement 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 Sheriff.
IV. SERVICES
A. Provision of Services and Costs
SWAP shall provide:
Twelve (12) days of service at an annual cost of $1,000. (One
Thousand Dollars), with any additional days at a cost of $300. (Three Hundred
Dollars) per day. This Plan shall be referred to as "Plan A."
X Eighteen (18) days of service at an annual cost of $2,000. (Two
Thousand Dollars), with any additional days at a cost of $200. (Two Hundred
Dollars) per day. This Plan shall be referred to as "Plan B."
Thirty (30) days of service at an annual cost of $5,000. (Five
Thousand Dollars), with any additional days at a cost of $100. (One Hundred
Dollars) per day. 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.
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;
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.
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:
Thomas J. Dart, Sheriff
ATTN: Sean Heffernan, General Counsel
Richard J. Daley Center
50 W. Washington, Rm. 704
Chicago, Illinois 60602
If to the Municipality:
Village Clerk
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, this IGA is hereby executed on behalf of the Parties through
their authorized representatives as set forth below:
COOK COUNTY, ILLINOIS: The undersigned, on behalf of the County of Cook, Illinois,
a body politic and corporate of the State of Illinois, hereby accepts the foregoing
Intergovernmental Agreement:
Toni Preckwinkle, President
Cook County Board of Commissioners
Attest:
Secretary
Date:
Thomas J. Dart, Sheriff of Cook County
MUNICIPALITY:
Date:
Print Name and Title:
APPROVED AS TO FORM:
Cook County Assistant State's Attorney