R-55-10 Res. Cook County Health InspectionsRESOLUTION R to
RESOLUTION AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT WITH COOK COUNTY
DEPARTMENT OF PUBLIC HEALTH FOR
ENVIRONMENTAL HEALTH INSPECTIONAL 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 /or drinks; and
WHEREAS, the document attached hereto outlines the terms and conditions of the
Intergovernmental Agreement.
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 27th day of September , 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Attest:
HARLENE SMOLLEN, Village Clerk
AYES NAYS PASSED ABSENT
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REAVES, Village President
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
ENVIRONMENTAL HEALTH INSPECTIONAL SERVICES
This AGREEMENT entered into as of December 1, 2010 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.
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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, 2010 and shall
continue through November 30, 2011 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.
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10. This intergovernmental AGREEMENT may be amended only by resolution of the
corporate authority of each party hereto.
11. 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.
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ATTEST:
By
Village Clerk
Dated:
VILLAGE OF LEMONT
a municipa corporation
Mayor
COUNTY OF COOK, a body
corporate and politic
By:
Dated Director, Cook County
Department of Public Health
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