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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 1 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. 2 r 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; r„ U01G464 2t 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.] MMM� IN WITNESS WHEREOF, the Parties have by their duly authorized officers and representatives set their hands and affixed their seals to this Agreement. r IN,! PAIrdy 01 n (W016164 4 9 aa;g 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)