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HomeMy WebLinkAbout97-119 Resolution No. 97-119 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, _ILLINOIS, that Robert O. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an amendment to the intergovernmental agreement on behalf of the City of Elgin for temporarily housing Village of South Elgin prisoners, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 14 , 1997 Adopted: May 14 , 1997 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk INTERGOVERNMENTAL AGREEMENT AMENDMENT THIS AGREEMENT is hereby made and entered into this day of May, 1997, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "Elgin" ) , and the Village of South Elgin, Illinois, a municipal corporation (hereinafter referred to as "South Elgin" ) . WHEREAS, the parties hereto are municipal corporations organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq. and predecessor statutes, and Elgin having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, the parties hereto have previously made and entered into an intergovernmental agreement for the temporary housing of prisoners by Elgin, dated January 8, 1997 (hereinafter referred to as "Agreement" ) , a copy of which is attached hereto and incorporated by reference as Attachment "A" ; and WHEREAS, the parties have each determined it to be in their best interests to amend the Agreement to extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree that the Agreement shall be and is hereby amended to extend its term to June 15, 1997 . IN WITNESS WHEREOF, the parties hereto have caused this First Agreement Amendment to be executed on the date first written above. VILLAGE OF SOUTH ELGIN C - N By d�Ali ,404471.24_,/ By �4 ,(_ Villa e a er Ci` M na er 9 �g Y g Attest: Attest: cAL.„42Village erk City Clerk RAGREE/SOELGIN INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this 8th day of January, 1997, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "Elgin" ) , and the Village of South Elgin, Illinois, a municipal corporation (hereinafter referred to as "South Elgin" ) . WHEREAS, the parties hereto are municipal corporations organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq. , and predecessor statutes, and Elgin having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, this agreement is executed pursuant to the provisions of Article VII, Section 10 of the Constitution of the State of Illinois of 1970 and pursuant to the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. , it being the intention of the parties hereto to exercise to the fullest extent permitted by law the authority granted to them under the aforementioned constitutional and statutory provisions; and WHEREAS, the parties hereto have each determined it to be in their bests interests to provide for the efficient detention and care of persons charged with violations of the law; and WHEREAS, South Elgin is currently engaged in the process of renovation of its jail facilities; and WHEREAS, Elgin has sufficient jail space available so as to provide for the detention and case of some persons who would otherwise be housed .in South Elgin' s jail facility. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . For the purpose of administering this agreement, South Elgin will be represented by Deputy Chief Jones . Designation, coordination and execution of facility inspections shall be directed by the South Elgin representative. 2 . Elgin shall provide for the secure custody, care, and safekeeping of South Elgin detainees in accordance with Federal, State and local laws, standards, policies, procedures, or court orders applicable to the operations of ATTACHMENT A • the facility, for so long as space is available during the term of this agreement in Elgin' s sole discretion. 3 . Elgin shall provide South Elgin detainees with the same level of medical care and services provided local prisoners including the transportation and security for South Elgin detainees requiring removal from the facility for emergency medical services . 4 . Elgin shall notify the designated contact person at the South Elgin office within twelve ( 12) hours of all medical emergencies requiring removal of a detainee from the facility. South Elgin authorization will be obtained prior to removal of a detainee from the facility for non-emergency medical services in accordance with procedures to be established and mutually agreed upon. For medical care provided outside the facility, South Elgin retains the option of designating a medical provider for non-emergency care if South Elgin determines that an alternative provider is more cost effective, or more aptly meets the needs of South Elgin. 5 . All costs associated with hospital or health care services provided outside Elgin' s facility, shall be billed to and paid directly by South Elgin. The health care provider shall be advised to invoice South Elgin directly for services provided, addressing itemized bills to the South Elgin representative. 6 . Elgin shall accept as South Elgin detainees those persons committed by South Elgin officers for violations of criminal statutes only upon presentation by South Elgin. 7 . Elgin shall release South Elgin detainees only to South Elgin officers or agents specified by South Elgin; officer or agent must present proper credentials . Any questions regarding any individual presenting himself as having such authority should be addressed to the contact persons identified later in this document before releasing any detainee(s) . 8 . South Elgin detainees shall not be released from custody or placed in the custody of other jurisdictions for any reason except for medical or other emergency situations or in response to a Federal Writ of Habeas Corpus . If a South Elgin detainee is sought for state or local court proceedings, only the South Elgin representative, or his designee, can authorize release of the detainee . The South Elgin representative shall be immediately advised regarding any such request. 9 . Elgin shall otherwise meet the following minimum standards : -2- A. 24 hour supervision of detainees, either visual or auditory; B. meet or exceed all applicable fire and/or life safety codes and shall have and maintain appropriate smoke/fire detection equipment in the facility; C. a minimum of three, nutritionally balanced meals in a 24 hour period for each detainee. No fewer than 1, 500 calories total per 24 hours and, if detention exceeds for four (4 ) days no fewer than 2 , 000 calories per day thereafter. There will also be no more than 14 hours between the evening meal and breakfast; D. appropriate 24 hour emergency medical care, and emergency evacuation procedures; E. when detained overnight, each detainee will be provided a mattress , and, when appropriate, a blanket. 10 . Elgin shall provide detention services for prisoners at the following institution: Elgin Police Department 151 Douglas Avenue Elgin, Illinois 60120 11. Elgin shall allow periodic inspections of the facility by South Elgin jail inspectors . Findings shall be shared with the facility administrator in order to promote improvements to facility operations or conditions of confinement. Failure to maintain at least the minimum standards, discussed above, will be sufficient cause for suspension of this agreement. 12 . South Elgin shall pay to Elgin the sum of $50. 00 per prisoner per day. South Elgin shall not be billed for two days when a prisoner is admitted one evening and removed the following morning. Elgin shall bill for the day of arrival but not for the day of departure. 13 . Elgin shall prepare and submit an itemized invoice for the services provided each month, in arrears . The invoice is to be submitted to the following location: Village of South Elgin 10 N. Water Street South Elgin, IL 60177 Attn: Roger Geske 14 . Payment under this agreement shall be due the thirtieth ( 30 ) calendar day after receipt of a proper invoice in the office designated to receive the invoice. The date of -3- the check issued in payment shall be considered to be the date the payment is made. 15 . Original invoices shall be submitted monthly to the South Elgin office designated to receive invoices . Invoices should be submitted within the first ten working days of the month following the calendar month in which the services are provided. The invoice must include the name, title, phone number and complete mailing list address of the official submitting the invoice . In addition, it shall list each South Elgin detainee, the specific dates of detention for each, the total number of days, the daily rate, and the total amount billed (total man-days multiplied by the daily rate) . Village of South Elgin 10 N. Water Street South Elgin, IL 60177 16 . This agreement shall be in effect upon execution by both parties, and shall remain in effect for 120 days from the date of execution, unless terminated sooner in writing, by either party, as discussed below. 17 . Should conditions of an unusual nature occur making it impractical or undesirable to continue to house prisoners, either party may suspend or restrict the use of the facility by giving written notice of such intent to the other party. Such notice shall be provided 30 days in advance of the effective date of a formal termination and at least two weeks in advance of suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners . 18 . Either party may initiate a request for modification to this agreement in writing. All modifications negotiated must be approved in writing by South Elgin and Elgin. 19 . Elgin shall contact the following representative( s) at South Elgin for assistance in matters related to this agreement: Name: Larry D. Jones Title: Deputy Chief of Police Phone : ( 847 ) 741-2151 South Elgin shall contact the following representative of Elgin for assistance in matters related to this agreement . Name: Charles A. Gruber Title: Chief of Police Phone: ( 847 ) 289-2760 -4- 20 . The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason the remainder of this agreement shall remain in full force and effect. 21 . This agreement shall not be construed so as to create an employment, joint venture or partnership relationship between the parties hereto. 22 . This agreement may be terminated for any reason upon 10 days written notice by either party hereto. IN WITNESS WHEREOF, the parties have caused this Intergovernmental Agreement to be executed on the day first written above . VILLAGE 0; 1 OUIH ELGIN CITY e EL'IN / I / I By / By i ! Vi lage Tna.: -r City Manager Attest; Attest: / 4 _ Vi ' lage Clerk City Clerk -5- ``( OF E,, • ti Agenda Item No. C (0 I 1) e — City of Elgin 9 May 6, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Extension of Intergovernmental Agreement with South Elgin to House Prisoners PURPOSE The purpose of this memorandum is to give information to the Mayor and City Council to consider an extension of the Intergovernmental Agreement with the Village of South Elgin to House Prisoners . BACKGROUND The City of Elgin has been approached by the Village of South Elgin requesting an extension agreement to house prisoners . This request is necessitated by the delay of construction and remodeling of their village hall and police department. This agreement would provide for their prisoners being held over- night for bond call . The agreement would be for an additional 38 day period ending June 15, 1997 . The Village of South Elgin would be responsible for a $50 per day fee per prisoner and for any medical expenses incurred. An analysis of our jail population has shown no negative impact since the implementation of this agreement. Elgin has housed seven prisoners for seven days for the Village of South Elgin during the current agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The South Elgin Police Department, Village Administrator, and Village Board. 9kt FINANCIAL IMPACT This agreement provides for a $50 daily fee for every prisoner to cover expenses incurred.. It is anticipated that one or two prisoners will be held each week generating revenue of $50-$100 per week. eiv. toil/LEGAL IMPACT None. P a Intergovernmental Agreement May 6, 1997 Page 2 ALTERNATIVES The City may choose to decline the housing of South Elgin prisoners . This would require South Elgin to find other jail sites or transport prisoners to the Kane County Jail in Geneva. RECOMMENDATION Staff recommends that the City agree to extend this agreement for 38 days . Respectfully submitted, U-ZIAL /0/14 Charl- A. Gruber of Police / Rob-rt 0. Malm r _ Interim City Manager RD/jb