2017-24August 10, 2017
DM#699778
RESOLUTION NO. 2017 - 24
A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT BETWEEN THE VILLAGES OF LONG GROVE AND BUFFALO GROVE
CONCERNING ADMINISTRATIVE ADJUDICATION AND OTHER MATTERS
WHEREAS, the Village of Buffalo Grove ("Buffalo Grove") operates an administrative
adjudication system ("Buffalo Grove System") through which an administrative hearing officer
("Hearing Officer") conducts administrative hearings to adjudicate certain ordinance violations
pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and
WHEREAS, the operation of the Buffalo Grove System is authorized by Division 1-2.1 of
the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq. and Division 11-31.1 of the Illinois
Municipal Code, 65 ILCS 5/11-31.1-1 et seq.; and
WHEREAS, the Village of Long Grove ("Long Grove") has established an administrative
hearing system and authorized administrative adjudication of certain violations of the Long
Grove Village Code pursuant to Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-
31.1-1 et seq. and Title 1, Chapter 18 of the Long Grove Village Code; and
WHEREAS, pursuant to Resolution No. 2015-R-23, the Buffalo Grove President and
Board of Trustees of the Village approved an intergovernmental agreement with the Village of
Long Grove (the "Original IGA") to provide for administrative adjudication of violations of the
Long Grove Property Maintenance Code via the Buffalo Grove System; and
WHEREAS, the Buffalo Grove Village President and Board of Trustees have determined
that it is in the best interests of the Village and its residents to renew and extend the term of the
Original IGA and to approve an amendment thereto to expand and enhance the services
provided by Buffalo Grove including performance of certain property inspections within Long
Grove to promote Code compliance and enforcement; and
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WHEREAS, the Buffalo Grove Village President and Board of Trustees have further
determined that it is in the best interests of the Village of Buffalo Grove and its residents to
approve: (i) renewal and extension of the Original IGA until October 1, 2017; and (ii) an
amended and restated IGA in substantially the form attached hereto as Exhibit A that will take
effect on October 1, 2017 (the "Amended IGA");
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTY,
ILLINOIS, as follows:
SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and
made a part of this Resolution as if fully set forth herein.
SECTION TWO: Approval; Execution. The Buffalo Grove Village President and
Board of Trustees hereby: (i) approve the renewal and extension of the term of the Original IGA
until October 1, 2017; (ii) approve the Amended IGA with the Village of Long Grove in
substantially the form attached hereto as Exhibit A, which Amended IGA shall take effect on
October 1, 2017 and continue in force and effect thereafter as provided in the Amended IGA;
and (iii) authorize the Buffalo Grove Village President or Village Manager and Village Clerk to
execute and attest the Amended IGA, in a final form approved by the Village President or
Village Manager in consultation with the Village Attorney, on behalf of the Village.
SECTION THREE: Effective Date. This Resolution shall be in full force and effect
from and after its passage and approval in the manner provided by law.
AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 - None
ABSENT: 0 - None
APPROVED: August 21, 2017.
PASSED: August 21, 2017.
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ATTEST:
.
Jane 'rabian, Village Clerk
EXHIBIT A
Amended IGA
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
('Agreement') is made and entered into as of the alb day of LLe> -- , 2017
("Execution Date', by and between the VILLAGE OF LONG GROVE, 66 Illinois municipal
corporation ('Long Grove") and the VILLAGE OF BUFFALO GROVE, an Illinois municipal
corporation ("Buffalo Grovel (each a'Party" and collectively, the `Parties").
WITNESSETH:
WHEREAS, Buffalo Grove operates an administrative adjudication system ("Buffalo
Grove System") through which an administrative hearing officer ("Hearing Officer°) conducts
administrative hearings to adjudicate certain violations of the Buffalo Grove Village Code
pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and
WHEREAS, the operation of the Buffalo Grove System is authorized by Division 1-2.1 of
the Illinois Municipal Code, 65 ILCS 511-2.1-1 et seq. and Division 11-31.1 of the Illinois
Municipal Code, 65 ILCS 5/11-31.1-1 et seq. (collectively, the "Requirements of Lav✓'); and
WHEREAS, Long Grove has previously adopted an ordinance ("Long Grove
Ordinance") pursuant to Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et
seq., which authorizes Long Grove to administratively adjudicate violations of the of the Long
Grove Property Maintenance Code, as set forth in Title 4, Chapter 14 of the Long Grove Village
Code as amended from time to time, pursuant to the Long Grove Ordinance and the
Requirements of Law; and
WHEREAS, the Parties previously entered into an Intergovernmental Agreement
Between and Among the Villages of Long Grove and Buffalo Grove Concerning Administrative
Adjudication ("Original Agreement"); and
WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth
in this Agreement to expand and enhance the services provided by Buffalo Grove beginning on
October 1, 2017, including performance of certain additional property inspections within Long
Grove and expanded enforcement and adjudication of violations of the Long Grove Village Code
in order to promote Code compliance and enforcement within the Village; and
WHEREAS, Long Grove has, or will prior to October 1, 2017, amend the Long Grove
Ordinance to authorize Long Grove to administratively adjudicate violations of the Village of
Long Grove's Building Regulations as set forth in Title 4 of the Long Grove Village Code, as
amended from time to time ('Yo/ations"); and
WHEREAS, pursuant to the Buffalo Grove System, and in accordance with the
Requirements of Law, at the conclusion of an administrative hearing, the Hearing Officer makes
a determination and issues a written ruling on the basis of the evidence presented at the
hearing as to whether or not a code violation exists ('Final Judgment'); and
WHEREAS, Long Grove desires to adjudicate the Violations via the Buffalo Grove
System, and Buffalo Grove desires to facilitate the inspection, documentation, and adjudication
{00016464 21
of the Violations in the Buffalo Grove System by providing related services as described in this
Agreement and pursuant to the Requirements of Law ("Adjudication Services*); and
WHEREAS, to achieve these and other related objectives, the Parties desire to utilize
the powers and authority granted to them, individually and collectively, pursuant to Article VII,
Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5
ILCS 220/1 et seq.; and
WHEREAS, this Agreement sets forth the terms and conditions pursuant to which
Buffalo Grove will provide Long Grove access to and use of the Buffalo Grove System for
processing Violations through the Buffalo Grove System; and
WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental
issues affecting this matter, each of the Parties has determined that it is in the best interests of
its citizens and of the general public welfare that the Parties execute and implement this
Agreement; and
WHEREAS, the Parties have each approved this Agreement by an ordinance or
resolution duly adopted by the Party's corporate authorities; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein made and other good and valuable consideration, the receipt and sufficiency of which the
Parties hereby mutually acknowledge, and pursuant to all applicable statutes and local
ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois
Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and the
Requirements of Law, the Parties hereby agree as follows:
Section 1. Recitals. The foregoing recitals are, by this reference, incorporated into and
made a part of this Agreement.
Section 2. Pumose. This Agreement is made for the purpose of inspecting and adjudicating
the Violations in the Buffalo Grove System, through and including entry of Final Judgment on
the Violations by the Hearing Officer and collection of fees and fines imposed pursuant to such
Final Judgment, in accordance with the Requirements of Law.
Section 3. Term: Effective Date.
A. Tenn. The term of this Agreement is two (2) years from the Effective Date of this
Agreement ("Term"), provided that either Party may terminate this Agreement without cause
during the Term, or any subsequent renewals of the Term, by providing thirty (30) days' written
notice of termination to the other Party by certified mail or personal delivery. Either Party may
renew this Agreement for additional, consecutive one (1) year terms by providing written notice
to the other Party at least sixty (60) calendar days prior to the end of the Term, or any
subsequent renewal of the Term, unless the Agreement is terminated by either Party in
accordance with this Section 3.A.
B. Effective Date. The amended and restated provisions set forth in this
Agreement shall take effect upon October 1, 2017 ("Effective Date"). The Original Agreement
shall continue in full force and effect until the Effective Date.
Section 4. General Cooperation. The Parties will cooperate with each other in furtherance
of the purposes, goals, and objectives of this Agreement. Cooperation required by this
Agreement specifically includes, but is not limited to, the mutual establishment of operating
procedures and the sharing and joint utilization by and among the Parties of information and
other materials necessary to adjudicate the Violations in the Buffalo Grove System, through and
including entry of Final Judgment on the Violations by the Hearing Officer, pursuant to the
Requirements of Law.
Section 5. Inspection and Adjudication of Violations.
A. Operating Procedures. Before inspecting or adjudicating any Violations in the
Buffalo Grove System, the Parties will establish agreed operating procedures for the
adjudication of the Violations that are consistent with the terms of this Agreement and comply
with the Requirements of Law ("Operating Procedures"). The Operating Procedures shall be
deemed incorporated into this Agreement without further notice upon their approval by both the
Long Grove Village Manager and the Buffalo Grove Village Manager or their respective
designees, provided that if any conflict exists between the Operating Procedures and this
Agreement, the terms and provisions of this Agreement shall control.
B. Adfudication Services. The Adjudication Services shall consist of the
inspection, hearing, adjudication, administration, and collection services set forth in this Section
5.6. Inspection services shall be performed by Buffalo Grove building or property inspectors as
the authorized designees of the Long Grove Code Official. Inspections of potential Violations
shall generally be performed on Tuesdays and Thursdays, or as otherwise agreed by the
Parties. Administrative hearings and adjudications to be processed through the Buffalo Grove
System shall normally proceed at regular intervals on a date and time to be determined by
Buffalo Grove. Buffalo Grove shall provide Long Grove at least forty-five (45) days notice of any
change in a scheduled administrative hearing date. Such Adjudication Services (other than
inspection activities) under this Agreement shall be held at Buffalo Grove Village Hall, 50 Raupp
Blvd., Buffalo Grove, IL 60089, unless otherwise designated by Buffalo Grove. The Adjudication
Services Buffalo Grove shall provide to Long Grove pursuant to the Operating Procedures and
this Agreement include:
Up to sixteen (16) hours per week of inspection services, including:
a. inspection of potential Violations identified by Long Grove;
b. preparation of written records identifying the date, time, and
location of inspections and appropriate descriptions and
documentation of all Violations observed;
C. issuance of tickets for Violations;
d. attendance at hearings, circuit court proceedings, and meetings
as requested by Long Grove;
provision of weekly updates on the status of inspections
scheduled and performed and other outstanding inspection
matters as requested by Long Grove; and
travel time.
(00,316164 2] 3
2. Adjudication facilities, including a hearing room accessible to the general
public and Long Grove personnel and equipped with internet access,
screen and projector, computer monitor, and audio recording equipment
available to record the adjudication of Violations;
3. Clerical services, including:
a. provision of an annual hearing schedule for the Buffalo Grove
System, including the times and dates on which Long Grove may
schedule hearing calls for the adjudication of the Violations before
the Hearing Officer ("Hearing Calls");
b. creation of a hearing docket listing each of the Violations
scheduled by Long Grove for a specific Hearing Call that Buffalo
Grove will provide to Long Grove and the Hearing Officer in
advance of the hearings on the Violations;
C. providing copies of any continuances, findings, decisions, and
orders of the Hearing Officer as to each Violation, including
mailing such copies to defendants who are not present at the
hearing;
d. preparation of a written record listing the result of each case and
the corresponding fines, if any, imposed and collected for each
case;
e. receipt and delivery of any payments made by cash or check to
Long Grove's authorized representative at the end of each hearing
day of all fines imposed and received for the Violations during
each Hearing Call, or, if no Long Grove authorized representative
is present at the Hearing Call, holding all such fines for the
Violations until collection by Long Grove's authorized
representative;
assembly and maintenance of a copy of the complete hearing
record concerning each Violation, including without limitation
copies of the notices of the Violation, the order(s) of the Hearing
Officer, the hearing recording and any documents or other
evidence presented during the hearing ("Administrative Hearing
Record');
g. such other services as the Parties may mutually agree are
necessary to facilitate the hearing of the violations by the Hearing
Officer;
4. Administrative hearing services, including the provision of a Hearing
Officer who is qualified pursuant to the Requirements of Law and who will
adjudicate the Violations through and including entry of Final Judgment
on each Violation;
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5. Receipt and processing of all fines and fees for Violations in accordance
with the Requirements of Law; and
6. Such other services as the Parties may agree are necessary for the
inspection, documentation, and adjudication of the Violations in the
Buffalo Grove System in compliance with the Requirements of Law.
C. Lona Grove Responsibilities. Notwithstanding the provisions of Subsection 5.13
of this Agreement, the Adjudication Services do not include, and Long Grove shall be solely
responsible for: (1) the decision to adjudicate any Violation, (2) the preparation and issuance of
multiple copy Violation notice forms in compliance with the Long Grove Village Code, (3) the
provision of authorized representatives, personnel, exhibits and witnesses (other than Buffalo
Grove building and property inspectors) that Long Grove deems necessary to represent Long
Grove and prosecute Long Grove°s case before the Hearing Officer, and (4) the decision and
duty to prosecute or defend any appeal(s) of a Final Judgment and/or subsequent appellate
judgments on any Violation and any and all costs, fees and expenses related thereto.
D. Appeals of Violations. If Long Grove notifies Buffalo Grove that a defendant or
Long Grove has appealed a final judgment on a Violation by filing a complaint for administrative
review with the Lake County Circuit Court, Buffalo Grove will provide Long Grove with the
complete Administrative Hearing Record for the Violation no later than one week after receipt of
such notice. Upon receipt of the Administrative Hearing Record, Long Grove will pay Buffalo
Grove an Administrative Hearing Record Fee of $15.00, or such other amount as is agreed to
by the Parties to compensate Buffalo Grove for reasonable copying costs and staff time incurred
in the preparation of the Administrative Hearing Record for such Violation. Long Grove shall be
solely responsible for prosecuting and/or defending any and all appeals through administrative
review, or otherwise.
E. Proposed Chances in the Operation of the Buffalo Grove Svstem. If the
Buffalo Grove Village Board considers any amendments to the Buffalo Grove Village Code that
concern or otherwise relate to the authorization for, or operation of, the Buffalo Grove System,
Buffalo Grove agrees to provide Long Grove with advance notice of any such proposed
amendments prior to their adoption.
Section 6. Compensation. Long Grove shall pay, no later than 30 calendar days after
invoice, the following compensation to Buffalo Grove for Adjudication Services provided on any
hearing date(s) that Violations are scheduled:
Inspections, hearing or court attendance, and off -site meetings $65.00 per hour
attended by an Inspector, including travel time: (with a minimum
of 1.5 hours
during any day).
This rate will
increase by 3%®
each year on the
anniversary of
the Effective
Date.
Hearing Days, including all hearing calls conducted that day: $100.00 per day,
plus 50% of
toud184612)
fines or fees
collected at the
hearing.
Hourly fees shall be billed in six (6) minute increments. All invoices for hourly fees shall include
the date services were provided, the address or other case/project identifier for the matter on
which the services were rendered, a description of the services rendered, and the amount of
time spent providing the service. Buffalo Grove shall provide invoices for fees and charges to
Long Grove on a monthly basis. Long Grove shall be responsible for the prompt payment of
fees, charges, and costs incurred in accordance with this Agreement during the Tenn, including
any subsequent renewal terms.
Section 7. Insurance. Each Party shall procure and maintain throughout the Term of this
Agreement, including any subsequent renewal terms, the following minimum insurance
coverages:
A. Commercial general liability insurance with a minimum $1,000,000 combined
single limit per occurrence for bodily injury, personal injury, property damage,
and contractual liability.
B. Business automobile liability insurance for any vehicle owned, non -owned, or
rented by the Party and used in connection with the performance of this
Agreement with a minimum $1,000,000 combined single limit per accident for
bodily injury, property damage, and vehicle physical damage for property
damage to any owned vehicle.
C. Workers' compensation with not less than statutory limits and employers' liability
coverage with a minimum $1,000,000 combined single limit per occurrence.
Each Party shall provide to the other Party on an annual basis certificates of insurance reflecting
the minimum coverages and amounts required by this Section 7.
Section 8. General provisions.
A. Notices. Unless otherwise provided in this Agreement, all notices required or
permitted to be given to the Parties under this Agreement shall be given by: (i) personal
delivery; (ii) deposit in the United States mail, enclosed in a sealed envelope with first class
postage thereon; or (iii) deposit with a nationally recognized overnight delivery service,
addressed as stated in this Section B.A. The address of any Party may be changed by written
notice to the other Parties. Any mailed notice shall be deemed to have been given and received
within three days after the same has been mailed and any notice given by overnight courier
shall be deemed to have been given and received within 24 hours after deposit.
Notices and communications to each Party shall be addressed to, and delivered at, the
following addresses:
Long Grove: Village of Long Grove
3110 Old McHenry Road
Long Grove, IL 60047
r000lf,4en zg
Buffalo Grove: Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
Attn: Village Manager
With a copy to:
Victor P. Filippini, Jr.
Filippini Law Firm
990 Grove Street, Suite 220
Evanston, IL 60201
Attn. Village Manager
With a copy to:
William G. Raysa
Tressler LLP
22 S. Washington Ave.
Park Ridge, Illinois 60068
B. Entire Agreement. There are no representations, covenants, promises, or
obligations not contained in this Agreement that form any part of this Agreement or upon which
any of the Parties is relying in entering into this Agreement. This Agreement, and all covenants
and provisions herein contained shall bind and inure to the benefit of each respective local
governmental entity which is a party hereto and their respective successors and assigns.
C. Severability. If any provision of this Agreement is construed or held to be void,
invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be
affected thereby but shall remain in full force and effect.
D. Interpretation. It is the express intent of the Parties that this Agreement shall be
construed and interpreted so as to preserve its validity and enforceability as a whole. In case of
any conflict among the provisions of this Agreement, the provision that best promotes and
reflects the intent of the Parties shall control. The Parties hereto have been represented by
counsel and have had full opportunity to discuss this Agreement prior to execution. This
Agreement shall be construed without regard to the identity of the Party who drafted the various
provisions of this Agreement. Moreover, each and every provision of this Agreement shall be
construed as though all Parties to this Agreement participated equally in the drafting thereof. As
a result of the foregoing, any rule or construction that a document is to be construed against the
drafting party shall not be applicable to this Agreement.
E. Amendments and Modifications. This Agreement shall not be modified,
changed, altered, or amended without the duly authorized and written consent of each of the
Parties by their respective corporate authorities and pursuant to ordinance(s) or resolution(s)
duly adopted and approved by the Party's corporate authorities. No amendment or modification
to this Agreement shall be effective until it is reduced to writing and approved by the corporate
authorities of each Party and properly executed in accordance with all applicable law.
F. Authority to Execute. Each Party hereby warrants and represents to each
other Party that the person executing this Agreement on its behalf has been properly authorized
to do so by the corporate authorities of the Party.
G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall
be construed or interpreted to create, any third party beneficiary rights. This Agreement is
entered into for the benefit of each of the Parties, solely, and not for the benefit of any third
party. Nothing contained in this Agreement shall constitute a waiver of any privileges, defenses
or immunities which either Party may have under the Local Government and Governmental
Employees Tort Immunity Act with respect to any claim brought by a third party.
H. No Assignments or Transfers. No party to this Agreement shall have the right
to assign or transfer this Agreement or rights herein.
I. Indemnification. Each Party (the "Indemnifying Party'/ hereby agrees to
indemnify, hold harmless and defend the other Party (each an "Indemnified Party'/ from and
against any and all losses, claims, expenses and damages (including reasonable attorneys'
fees) made against or incurred by the Indemnified Party for any actions taken or failures to act
by the Indemnifying Party in connection with the prosecution and/or adjudication of the
Violations or the use or operation of the Buffalo Grove System, to the extent that such claims
were not caused by actions, or failures to act, of the Indemnified Party.
J. Execution. This Agreement shall be executed by all of the Parties in identical
original duplicates and each of the duplicates shall, individually and taken together, constitute
one and the same Agreement.
[Signatures continues on next page.]
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IN WITNESS WHEREOF, the Parties have by their duly authorized officers and
representatives set their hands and affixed their seals to this Agreement.
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IN,! PAIrdy
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(W016164 4 9
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aer
VILLAGE OF • GRO
I-d."
Villagg Manager
IN WITNESS WHEREOF, the Parties have by their duly authorized officers and
representatives set their hands and affixed their seals to this Agreement.
ATTEST:
By:
Village Clerk
ATTEST:
By:
Villa Jerk
VILLAGE OF LONG GROVE
By:
Village Manager
VILLAGE OF BUFFALO GROVE
By: /- d"
Villag Manager
(000164642)