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HomeMy Public PortalAboutResolution 1723 RESOLUTION NO. 1723 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE WILL COUNTY SHERIFF FOR A WARRANT PICK-UP PROGRAM WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois, is a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, and is a duly constituted public agency; and WHEREAS, the Village is authorized and empowered by the Constitution of the State of Illinois (III. Const. Art. VII, § 10) and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), to enter into intergovernmental agreements with other public agencies for the performance of governmental services, or the exercise of powers, functions or authority which the public agencies are authorized by law to perform; and WHEREAS, the Will County Sheriff's Office ("Will County Sheriff') is a public agency of the County of Will, State of Illinois, authorized to serve and return legally issued warrants; and WHEREAS, in 2013, Section 5/3-6019 of the Illinois Counties Code (55 ILCS 5/3- 6001, et seq.) was amended to provide that a sheriff's office may, with respect to warrants originating from other law enforcement agencies, require the originating agency to store and maintain such warrants, and to arrange for transportation of the wanted person to the county jail; or the originating agency may contract with the county to store and maintain the warrants and to provide transportation of the wanted person to the county jail; and WHEREAS, the Village recognizes the need to contract with the Will County Sheriff for a warrant pick-up program for warrants originated by the Village, and the parties desire to enter into an intergovernmental agreement for the purpose of establishing such a program; and WHEREAS, the Village has been provided for execution, an Intergovernmental Agreement by and between the Will County Sheriff and the Village for a Warrant Pick-Up Program (the "Agreement"); and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS as follows: SECTION ONE: The findings of the Preamble to this Resolution are incorporated herein and made a part hereof by this reference. SECTION TWO: This Resolution shall be known as the Resolution Authorizing Execution of an Intergovernmental Agreement with the Will County Sheriff for a Warrant Pick-Up Program. SECTION THREE: The Village President, or his designee, is hereby authorized to execute the Intergovernmental Agreement on behalf of the Village, substantially in the form attached hereto and made a part of this Resolution as Exhibit "A". SECTION FOUR: Copies of each fully executed Agreement substantially in the form attached hereto as Exhibit "A" shall be maintained in the Office of the Village Clerk and the Office of the Chief of Police. SECTION FIVE: Any Village Ordinance or Resolution, or part thereof, in conflict herewith, is to the extent of such conflict, expressly repealed. SECTION SIX: This Resolution shall be in full force and effect after its passage, approval, and publication in pamphlet form, as provided by law. PASSED this 11th day of April, 2016. AYES: Wojowski, Bonuchi, Lamb, Peck, Racich NAYS: None ABSENT: O'Rourke APPROVED this 11th day of April, 2016. ' / / Mibhael P. Collins Village President ATTEST D AND FILED IN MY OFFICE: Adger Michelle Gibas Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE WILL COUNTY SHERIFF AND THE VILLAGE OF PLAINFIELD WHEREAS,the County of Will is a unit of local government and a body corporate and politic (hereinafter sometimes referred to as"Will County"),having a population of more than 600,000; and WHEREAS,the Will County Sheriff is an elected official of Will County; and WHEREAS,the Village of Plainfield(the"Village")is a unit of local government, a municipality, body corporate and politic;and WHEREAS,the Village maintains a law enforcement agency(hereinafter sometimes referred to as"referenced originating law enforcement agency"),other than the Will County Sheriff,within Will County; and WHEREAS,the Illinois Intergovernmental Cooperation Act(Illinois Compiled Statutes,Chapter 5, Section 220/1,et seq.),authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government,any power,privilege or authority which may be exercised by a unit of local government individually,and to enter into contracts for the performance of governmental services,activities and undertakings; and WHEREAS, pursuant to 55 ILCS 5/3-6019"Sheriffs shall serve and execute,within their respective counties, and return all warrants, process, orders and judgments of every description that may be legally directed or delivered to them. A sheriff of a county with a population of less than 1,000,000 may employ civilian personnel to serve process in civil matters. If an arrest warrant upon complaint under Section 107-9 of the Code of Civil Procedure of 1963,or a warrant of arrest due to failure to appear under Section 107-12 of the Code, originated from a law enforcement agency other than the county sheriff's office,then the county sheriff of a county with a population of more than 600,000,may require that law enforcement agency to store and maintain the warrant. That law enforcement agency is responsible for entering the warrant into the Illinois Law Enforcement Agencies Data System(LEADS) and the National Crime Information Center Database(NCIC). The county sheriff may require the originating law enforcement agency to arrange for transportation of the wanted person to the county jail. Originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain and provide transportation of the wanted person to the county jail. Any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment". WHEREAS,the Will County Sheriff has elected to require law enforcement agencies in Will County to store and maintain warrants originating from that law enforcement agency and for originating law enforcement agencies to provide transportation of the wanted person to the county jail; and WHEREAS,the referenced originating law enforcement agency has decided to contract with the Will County Sheriff to store and maintain warrants originating from that law enforcement agency and to provide transportation to wanted persons to the county jail; and the Will County Sheriff has also agreed to contract to provide this function for the referenced originating law enforcement agency pursuant to the terms stated in this Agreement. NOW THEREFORE,the preamble to this Agreement is incorporated herein, and in consideration of the mutual covenants contained herein, it is hereby agreed between the parties as follows: SECTION 1: The parties herein agree that a fee of Twelve Thousand Four Hundred Seventy- Eight and 92/100 Dollars($12,478.92)shall be paid annually,by the Village to the Will County Sheriff, in one payment on or before May 15t of each year,for the term of this Agreement, as full consideration for the Will County Sheriff to store and maintain warrants originating from the Village's Police Department, and to provide transportation of persons who are the subject of such warrants,to the Will County jail. SECTION 2: The parties agree that the storing and maintaining of warrants originating from the Village and the transport of persons who are the subject of those warrants to the Will County jail, shall be contracted pursuant to the terms of this Agreement and at the above-stated cost for the term of this Agreement. SECTION 3: This Agreement shall commence on the date set forth below and shall continue in full force and effect until terminated as set forth in Section 4 below. This Agreement may only be amended by a written agreement, duly signed by all parties,and delivered by authorized representatives of Will County and the Village, and where applicable as approved by ordinance or resolution of the Will County Board and the Board of Trustees of the Village. SECTION 4: Either party to this Agreement may terminate the Agreement at any time by providing the other party with a minimum of ninety(90)days written notice of such termination. In addition,the parties may,at any time,terminate this Agreement by written mutual consent of both parties. Notwithstanding the foregoing,this Agreement shall automatically terminate upon the end of the term of office of the current Will County Sheriff. All notices concerning this Agreement, including termination, shall be in writing, shall be hand-delivered, sent by registered or certified U.S mail postage prepaid,commercial overnight delivery service,or transmitted via electronic mail or facsimile,and shall be addressed to the other party as follows: If to the Will County Sheriff: Will County Sheriff Attn: Deputy Chief, Special Operations Division 25 N. Ottawa Street Joliet,Illinois 60432 If to the Village: Village of Plainfield Attn: Chief of Police Plainfield Law Enforcement Center 14300 S. Coil Plus Drive Plainfield,Illinois 60544 Notice shall be deemed served or delivered to the addressee or its office when received at the address for notice specified above,when hand delivered, upon confirmation of sending when sent by facsimile,on the day after being sent when sent by overnight delivery service, and on the second business day after deposit in the mail when sent by U.S. mail. A party may change its designated recipient or address for notification purposes by giving the other party written notice of the new designated recipient or address. SECTION 5: Nothing contained herein shall be deemed or construed by the parties,or by any third-party, as creating the relationship of employer and employee,principal and agent, or of partnership and/or joint venture by the parties hereto. It is understood and agreed between the parties that no provision contained in this Agreement,nor any acts of the parties, shall be deemed to create any such relationship between Will County and the Village. Neither party shall be bound,with respect to third- parties,by any representation, act or omission of the other party. This Agreement is intended solely for the benefit of the parties and is not intended to raise or acknowledge any duty regarding conduct or other form of liability as to third parties. Nothing herein shall be construed either expressly or impliedly,to extend rights or obligations in favor of any third party, The provisions of this Section 5 shall survive the termination of this Agreement. SECTION 6. This Agreement sets forth all of the covenants, conditions and promises between the parties,represents the entire agreement between the parties, and supersedes all previous communications or understandings whether oral or written. There are no other covenants, representations,promises, conditions or understandings between the parties, oral or written,other than those contained herein. • SECTION 7: The parties to this Agreement shall at all times comply with all applicable laws, ordinances and regulations which may in any manner affect the performance of this Agreement, IN WITNESS THEREOF,the parties thereto have caused this Agreement to be executed in their respective corporate names by their respective officers hereunto duly authorized. Will County Sheriff B ., By: � f r Date: 7')/, 5—.11 ,2016 Title: ~ / Village of Plai' "eld By: /� (itl' ,� Date: 47/ 9 ,2016 Title:AL I j Ode, Prest Ct.en4-