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R-45-05 Authorizing Execution Of An Intergovernmental Agreement With Cook County Department Of Public Health For Food Service Inspection ServicesRESOLUTION P._ 05- RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH COOK COUNTY DEPARTMENT OF PUBLIC HEALTH FOR FOOD SERVICE INSPECTION SERVICES WHEREAS, the Village of Lemont seeks to enter into an Intergovernmental Agreement with the Cook County Department of Public Health for plan review and health inspection services at locations within the Village of Lemont that serve and/or sell food; and WHEREAS, the Village of Lemont and the Cook County Health Department have negotiated an agreement which would provide the terms and conditions of this service. NOW THEREFORE BE IT RESOLVED THAT the Village President and Village Clerk are authorized to execute the Agreement with Cook County Department of Public Health attached hereto as Exhibit A. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 8th day of August , 2005. Debby Blatzer Peter Cowles Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT v JOHN . PIAZZA, V' age HARLENE SMOLLEN, Village Clerk dent INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ENVIRONMENTAL HEALTH INSPECTIONAL SERVICES This AGREEMENT entered into as of December 1, 2005 by and between the Village of Lemont, Cook County, Illinois a municipal corporation (hereinafter called the VILLAGE), and the County of Cook, Illinois a body corporate and politic (hereinafter called the COUNTY). WITNESSETH: WHEREAS, The VILLAGE wishes to provide environmental health inspectional services relating to food service sanitation and retail food store sanitation; and WHEREAS, the COUNTY is willing to provide the VILLAGE with certain environmental health services through the work of its Department of Public Health, (hereinafter called the DEPARTMENT) upon the terms and conditions as hereinafter set forth; and WHEREAS, the COUNTY is a home rule unit as provided in the 1970 Illinois Constitution (Art. VII, Sec. 6); and WHEREAS, the VILLAGE is a municipality deriving its authority as provided in the Illinois Compiled Statutes (65 ILCS 5); and WHEREAS, the 1970 Illinois Constitution (Art. VII, Section 10) and the Illinois Compiled Statutes (5 ILCS 220) provide authority for intergovernmental cooperation; and WHEREAS, the Illinois Compiled Statutes (55 ILCS 5/5 -25013 (B) 5), provides that the DEPARTMENT may contract for the sale of health services; and WHEREAS, the parties hereto seek to protect the health of the citizens of the COUNTY and the VILLAGE by undertaking the AGREEMENTS contained herein through their joint effort. NOW THEREFORE, in consideration of the premises, and such other considerations as hereinafter set forth, the parties hereto agree as follows: 1. The DEPARTMENT, through its Environmental Health Division Staff, shall provide the following environmental services to, the VILLAGE: a. Make inspections as required by the food sanitation provisions of the Code of Ordinances of the VILLAGE (hereinafter called the VILLAGE CODE) of all food service establishments and retail food stores licensed or permitted by the VILLAGE as scheduled by the VILLAGE and the DEPARTMENT during the term of this AGREEMENT to assure compliance with the VILLAGE CODE; b. Reinspect all food service establishments and retail food stores to monitor the correction of violations identified at the time of the initial inspection pursuant to (a.) above; c. Provide the VILLAGE with reports of inspections undertaken; d. Report immediately to the VILLAGE on matters which in the opinion of the inspector are of serious concern; e. Testify as required in any court cases brought by the VILLAGE for correction of food sanitation code violations cited pursuant to inspections conducted by the DEPARTMENT; f. Review plans for any new or extensively remodeled food service establishment or retail food store in the VILLAGE to assure compliance with current Federal, State, COUNTY, and VILLAGE Food Service Establishment and Retail Food Store Regulations. 2. The DEPARTMENT agrees to furnish its employees with means of transportation to, from; and within the VILLAGE in order to carry out the duties and inspections as described herein. 3. The VILLAGE agrees: a. To maintain in force during the term and any extension of this intergovernmental AGREEMENT, ordinances or regulations at least equivalent to the COUNTY Food Service Establishment and Retail Food Store Ordinances; b. To maintain files and records of inspections and licensing or permitting of food service establishments and retail food stores, and to provide the DEPARTMENT with one copy of inspection reports prepared by DEPARTMENT personnel and upon reasonable notice provide the COUNTY with access to said files and records; c. To provide any legal action in the determination of the VILLAGE necessary to enforce the VILLAGE ordinances or regulations. 4. To provide the DEPARTMENT with the necessary authority to perform the duties and services referred to above. 5. The DEPARTMENT agrees to provide all of the services outlined in Paragraph Number 1 above, at a cost of $60.00 per inspection billed to the VILLAGE for the term of the AGREEMENT. 6. The VILLAGE agrees to hold harmless and to indemnify the COUNTY, its Board members, officers, agents and employees from liabilities, costs, judgments, attorneys' fees or other expenses resulting from any negligence or act or failure to act under this AGREEMENT by the VILLAGE, its officers, agents or employees. The COUNTY agrees to hold harmless and to indemnify the VILLAGE, its Board members, officers, agents and employees from liabilities, costs, judgments, attorneys' fees or other expenses resulting from any negligence or act or failure to act under this AGREEMENT by the COUNTY, its officers, agents or employees. Nothing herein shall be construed to require the VILLAGE to indemnify the COUNTY for the negligence of the DEPARTMENT or its officers, agents, or employees; and further, nothing herein shall be construed to require the VILLAGE to indemnify or make any payments in connection with any claim for which the COUNTY or the DEPARTMENT otherwise would not be liable, nor shall it be construed to waive any defenses that the COUNTY, the DEPARTMENT or the VILLAGE may otherwise have to any such claim. Furthermore, nothing herein shall be construed to require the COUNTY to indemnify the VILLAGE for the negligence of the VILLAGE or its officers, agents or employees; and further, nothing herein shall be construed to require the COUNTY to indemnify or make payments in connection with any claim for which the VILLAGE otherwise would not be liable. 7. This AGREEMENT shall become effective as of December 1, 2005 and shall continue through November 30, 2006 unless otherwise terminated by either party as hereinafter provided. This AGREEMENT may be renewed on an annual basis by resolution of the corporate authority of both parties or with the written agreement of the parties through their designated representatives. For purposes of the renewal of the terms and conditions contained in this AGREEMENT the COUNTY authorizes the Chief of the Bureau of Health Services or the Director of the DEPARTMENT to renew on its behalf. 8. The parties hereto shall at any time during the term of this AGREEMENT have the right to terminate same upon 30 days written notice to the other party, said notice to be sent certified mail, return receipt to: Stephen A. Martin, Jr., Ph.D., M.P.H., Director, Cook County Department of Public Health, 1010 Lake Street, Suite 300, Oak Park, Illinois 60301; or the Mayor, Village of Lemont, 418 Main Street, Lemont, Illinois 60439. 9. It is expressly agreed by the parties hereto that all environmental health staff members of the DEPARTMENT shall be deemed its employees and shall be under the sole supervision and control of the DEPARTMENT. 3 10. This intergovernmental AGREEMENT may be amended only by resolution of the corporate authority of each party hereto. 1 1 . If any provision of this AGREEMENT is invalid for any reason, such invalid portion shall not render invalid the remaining provisions of this AGREEMENT which can be given effect without the invalid provision to carry out the intent of the parties as stated herein. 12. Neither party hereto may assign this AGREEMENT in whole or in part without the written consent of the other party. 13. The waiver by a party or any breach or failure of the other party to perform any covenant or obligation contained herein shall not constitute a waiver of any subsequent breach. 14. This AGREEMENT represents the entire AGREEMENT between the parties and supersedes any and all prior AGREEMENTS, whether written or oral. Any modification of this AGREEMENT shall be valid only if in writing and signed by all parties hereto. 15. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Illinois. 16. All notices relating to the AGREEMENT shall be either hand delivered to the party or mailed to the party by certified mail, return receipt requested to all respective parties at addresses as both appear in Section 8 of this AGREEMENT. 17. None of the provisions of this AGREEMENT is intended to create nor shall be designed or construed to create any relationship between the COUNTY and the VILLAGE other than of independent entities contracting with each other hereunder solely for effecting the provisions of the AGREEMENT. Neither of the parties hereto nor any of their respective representatives shall be construed to be the agent, the employer or representative of the other. The VILLAGE and the COUNTY will maintain separate and independent managements and each has full unrestricted authority and responsibility regarding its own organization and structure. 18. The execution of this AGREEMENT by the COUNTY shall be subject to the authorization of the Cook County Board of Commissioners adopted in accordance with applicable law. IN WITNESS WHEREOF, the undersigned governmental units have caused this AGREEMENT to be duly executed and attached herewith are copies of the respective resolutions authorizing the signing official to execute this AGREEMENT. 4 ATTEST: Village Clerk Dated: VILLAGE OF LEMONT a municipal corp ration 411.1Latt /LA/ By: Mayor COUNTY OF COOK, a body corporate and politic By: Dated Director, Cook County Department of Public Health By: Dated President, Cook County Board By: Dated Clerk of Cook County By: Dated Comptroller, Cook County By: Dated Assistant State's Attorney