HomeMy Public PortalAboutResolution 1844 RESOLUTION NO. 1844
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 Sheriffs 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 sheriffs 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, in 2016 the Village and the Will County Sheriff entered into an
Intergovernmental Agreement (the "Agreement") to establish a warrant pick-up program;
WHEREAS, the Village recognizes the need to continue its relationship with the Will
County Sheriff for a warrant pick-up program for warrants originated by the Village, and the
parties desire to amend the current Agreement to address additional costs associated with
the program and for the purpose of continuing the program; and
WHEREAS, the Village has been provided an amended Intergovernmental
Agreement for execution; 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 15th day of April 2024
AYES: Kalkanis, Kiefer, Larson, Ruane, Wojowski
NAYS: None
ABSENT: Bonuchi
APPROVED this 15th day of April 2020.
John F. Ar ells
Village President
ATTESTED AND FILED IN MY OFFICE:
Michelle Gibas _
Village Clerk
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE WILL COUNTY SHERII41-
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 LCS 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 Thirteen Thousand Seven Hundred Fifty
Eight and 01/100 Dollars($ 13,758.01)shall be paid annually,by the Village to the Will County Sheriff,
in one payment on or before May 15th 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 on November 30,2026. 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
16911 W. Laraway Road
Suite 101
Joliet,Illinois 60433
If to the Village:
Village of Plainfield
Attn: Chief of Police
Plainfield Law Enforcement Center
14300 S. Coil Pius 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
By: Date:
Title:
Village of P1 ' iel
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