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09-237 Resolution No. 09-237 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING THE PROVISION OF ENVIRONMENTAL HEALTH SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with the County of Kane on behalf of the City of Elgin regarding the provision of environmental health services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 4, 2009 Adopted: November 4, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk • • INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ENVIRONMENTAL HEALTH SERVICES This Intergovernmental Agreement ("Agreement") is made and entered into by and between City of Elgin, an Illinois municipal corporation, ("City") and the County of Kane, an Illinois body politic and corporate ("County"). WITNESSETH: WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government, including municipalities and counties, to enter into contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the county and the City are units of local government within the meaning of Section 10 of Article VII of the Constitution of the State of Illinois; and WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the "Intergovernmental Cooperation Act", authorizes units of local government in Illinois to exercise jointly with any other public agency within 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, the County and the City are public agencies within the meaning of the Intergovernmental Cooperation Act; and WHEREAS, the County wishes to enter into an agreement with the City to provide environmental services relating to food service sanitation, retail food store sanitation, nuisance and solid waste program activities; and WHEREAS, THE Parties hereto seek to protect the health of the citizens of the County and the City by undertaking this agreement contained herein through their joint effort; and WHEREAS, the County and City are authorized to contract among themselves to obtain or share services, or exercise, combine, or transfer any power or function, in any manner not prohibited by law. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the County and the City agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this Agreement in their entirety. • 2.(a) The City, through its Community Development Department, shall conduct food service sanitation, nuisance and solid waste programs in accordance with the Certified Local Health Department Code, 77 III. Adm. Code Part 600, promulgated by the Illinois Health Department as now in force or as amended from time to time. (b) All establishments subject to inspection must be classified by specific category and risk factor for inspections as prescribed by the County. 3.(a) The City agrees to employ staff who meet the requirements of the "Minimum Qualifications for Local Health Department Personnel in Illinois," as promulgated as promulgated in the Certified Local Health Department Code, 77 III. Adm. Code Part 600. (b) A City employee who is a Licensed Environmental Health Practitioner shall be identified as the main contact to communicate between the City and County for the purposes of this Agreement. Such identified City employee shall attend prescribed meetings identified by the County, including, but not limited to, Kane County Environmental Health and Regional Environmental Health Directors meetings, Hearings, Standardization Input, Quality Improvement commitment, and complete administrative functions within the Food Program. 4.(a) The City agrees to adopt from time to time and enforce ordinances or rules and regulation consistent with and at least as stringent as the Illinois Food Service Sanitation Code, 77 III. Adm. Code Part 750, and the Illinois Retail Food Store Sanitation Code 77 Ill. Adm. Code, Part 760 as now in force or as hereafter amended from time to time. (b) The City shall provide emergency contact information to the County's Environmental Health staff with an after hour on-call schedule and such City contact information will be provided to the County and the Kane County Sheriff's Department who provides twenty-four hour, 7days a week(24/7) coverage. 5. The City shall retain the authority to set permit fees and collect all permit fees associated with the operation of the programs described in this Agreement, provided herein. Any such fees imposed by the City shall be commensurate with any such fee imposed by the County. 6. The County agrees to provide assistance to the City upon the City's request regarding any foodborne illness investigation, food recall notices, and/or other specific program activities, pursuant to guidelines established by the City and County. a. The City's Environmental health staff shall attend Foodborne Investigation training/procedures hosted by the County Environmental Health/Communicable Disease staff. b. The City's Environmental Health staff shall meet the ongoing training programs provided by the County. 7. The County further agrees to provide qualified personnel to assist the City in the private sewage disposal and individual water supply programs. 8. The County agrees to hold harmless and to indemnify the City, its council members, officers, agents and employees from liability, costs, judgments, attorney's fees, or other expenses resulting from any act by the County or failure to act under this Agreement. Likewise, the City agrees to hold harmless and to indemnify the County, its board members officers, agents and employees from liability, costs, judgments, attorney's fees, or other expenses from any act by the City or failure to act under this Agreement. 9. Each Party further agrees to share information, records, and other documents which may be necessary to fulfill the requirements of this agreement to the extent permitted b by law. a. The County's inspection frequency will continue to be followed, with semi- monthly reports or workload completed and work still to complete for past two months. b. The City shall meet food inspection frequency as determined by the County. c. Monthly statistics shall be sent to County d. County's computer program Cityview (KPASS) shall be utilized for inspection input and entry of all establishments. (Training to be provided by the County) e. Food applications will be mailed to establishments and establishment information will be updated at least annually in KPASS. 10. Upon execution of the Contract The Kane County Health Department agrees to provide direct Environmental Health Quality Assurance assistance in the amount of ten (10) hours per month. This Environmental Health Quality Assurance service will be provided by a Licensed Environmental Health Practitioner designated by the County and is intended to assist with the City's program transition and preparation for the State of Illinois Department of Health Food Program Audits. Additionally, the Kane County Health Department agrees to provide blast fax services and email notification related to Food Recalls for the City's Food Establishments. The County shall provide the City with the services described in this Agreement on an annual basis commencing with the effective date of this Agreement. The City shall make annual payments to the County for such services in the amount of ten thousand dollars ($10,000.00) for each year this Agreement remains in effect. The County may seek to increase the amount of the annual payment by the City at the commencement of each renewal term in an amount equal to the May consumer price index (CPI) over the annual payment being made by the City to the County during the immediately preceding term of the Agreement. 11. The Parties hereto shall at any time during the term of this agreement have the right to terminate same agreement upon thirty (30) days written notice to the other Party. Said notice shall be sent certified mail, return receipt requested. • 12. This Agreement may be amended only by resolution of the corporate authority of each Party hereto. 13. The parties shall at all time act in good faith under this Agreement to further the objectives of the parties as evidenced by the terms of this Agreement. 14. This Agreement represents the entire understanding and agreement between the County and City as described within this Agreement and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and City. This Agreement is and shall be deemed to construe to be a joint and collective work product of the County and the City and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, am_ biguity, vagueness or conflict, if any, of the terms and provisions contained herein. 15. Failure of the City or the County to insist upon strict and punctual performance of any terms or conditions of this Agreement shall not be construed to constitute a waiver of, or estoppel against, asserting the rights to require such performance. Neither shall a waiver nor an estoppel in one instance constitute a waiver or an estoppel with respect to a later default, whether similar or dissimilar in nature. 16. If any part of this Agreement is determined by a court to be in conflict with statute or constitution or to be unlawful for any reason, the parties intend that the remaining provisions of this Agreement shall remain in full force and effect and be enforced to the greatest extent provided by law. 17. This Agreement shall be governed by the laws of the State of Illinois and the County and the City will at all times comply with all applicable laws, rules, and regulations that may affect the subject matter of this Agreement or the parties hereto. Venue for the resolution of any disputes of the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 18. No official, director, officer, agent or employee of the County or the City shall be charged personally or held contractually liable under any term of provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 19. Both parties represent to each other that they are duly organized and validly existing and have full power and due authority to execute, deliver, and perform this Agreement in accordance with their terms. Such execution, delivery, and performance have been fully authorized by all necessary action and approved by each governmental authority or other party, and the obligations are the legal, valid, and binding obligations of each, enforceable in accordance with their terms. IN WITNESS WHEROF, the parties have set their hands and seals the I/1`" day of /2 vt/mi,�^L) , 2009 and the signatories hereto represent that they are duly authorized to execute the Intergovernmental Agreement on behalf of their respective bodies. INA n C 1 By: / / By: MG ' .alai t.►h',•.a41 Ia S`hoc_k.; Mayor Chairman, Kane County Boa d City of Elgin, Illinois Kane County, Illinois An Illinois municipal corporation an Illinois body politic and corporate Attest: Attest: V-: ...c.:_,,..,.. \A.Q.A. Elgin City Clerk County Clerk 4,;,,,,,,,:--c,::___,', .,--i..:-,.\,,,,;scea ''",,.. 044.4.e.,\ -ti:44(011/141e.t ,,,,-- A • A • OF EtC� • C Ity of E I g I n Agenda Item No. "/?IfLDt\� i • October 22, 2009 I4' -, �, � TO: Mayor and Members of the City Council —?nancidlly Stable FROM: Sean R. Stegall, City Manager �. c i Go' ""'ent Brad Bohner, Sanitarian SUBJECT: Intergovernmental Agreement between the City of Elgin and Kane County for the Provision of Environmental Health Services. (5.41t11-1(9/jvii)-„0--- PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving an intergovernmental agreement with Kane County, which requires amendments to Title 9 of the Elgin Municipal Code. RECOMMENDATION rk It is recommended that the City Council authorize the execution of the intergovernmental agreement and adopt the amendment to Title 9 of the Elgin Municipal Code. BACKGROUND The City of Elgin entered into an agreement with Kane County providing for the City of Elgin to perform environmental services relating to food service sanitation, retail food store sanitation, nuisance, and solid waste programs on October 16, 1986. The proposed updated agreement requires the City to amend Title 9 of the Elgin Municipal Code to adopt the Kane County fee schedule for licensed food service establishments and retail food stores. This requirement will make food license fees uniform throughout Kane County and the Cook County portion of Elgin, and allow Elgin to manage its own food safety program (reference the attached intergovernmental agreement with Kane County and amendment to Title 9 of the Elgin Municipal Code). The fee schedule for the food program was adopted by the Kane County Board on July 14, 2009. These fees are based on current data related to the time and cost to provide these services as determined by the Kane County Finance Department. In general, the Elgin health program costs the City $185,952 per year, and our current fees are $74,442 per year. With the execution of the agreement with Kane County, our fees will increment to $162,442 in 2010 and to $236,360 in 2011. In keeping with the City Council's mandate that fees cover the costs of program administration,these increases are equitable. Food Safety Ordinance Adoption October 22,2009 Page 2 Historically, Elgin has managed its own food safety program. This has allowed the City to maintain high quality health standards while simultaneously providing efficient services to Elgin's 407 retail food service establishments without having to rely on a third party for timeliness and customized approaches to service. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED City of Elgin Board of Health, Kane County Health Department q. FINANCIAL IMPACT Annual fees for the food safety program will increase revenue to the City of Elgin by approximately $88,000 in 2010 and by a total of$162,000 in 2011. The additional revenue will allow the health division of Community Development to cover the cost of administering the food safety program. The intergovernmental agreement requires the City to make annual payments to the County in the amount of$10,000 to cover the cost of providing assistance with food borne illness investigations, food recall notices, and ongoing training programs. Funding for this cost is provided in the 2010 proposed General Fund budget, account 010-1606-717.45-99, "Other Miscellaneous Services", which allocates $85,000 for weed cutting, board-ups, and miscellaneous expenses. LE AL IMPACT one ALTERNATIVES 1. The City Council may choose to adopt the proposed amendments to Title 9 of the Elgin Municipal Code and sign the intergovernmental agreement. 2. The City Council may choose not to adopt the proposed amendments to Title 9 of the Elgin Municipal Code, not to sign the intergovernmental agreement, and allow Kane County to collect license fees and provide environmental services to the Citizens of Elgin. Respectfully submitted for Council consideration. BB Attachments I tr ' City of Elgin Memorandum Y o ti R91 TEDFE� Date: November 16, 2009 To: Brad Bohner, Public Health Officer/ Sanitarian From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-237, Adopted at the November 4, 2009, Council Meeting Enclosed you will find the agreement listed below. Please have these agreements signed and executed by the Kane County and return one fully executed copy to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931- 5660 and we will do our best to assist you. Thank you. • Intergovernmental Agreement with the County of Kane Regarding the Provision of Environmental Health Services