OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
July 6, 2011
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Executive Director of Animal Care and Control, I transmit herewith an ordinance authorizing the execution of an intergovernmental agreement with the County of Cook regarding job training and services.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
Mayor
ORDINANCE
WHEREAS, the City of Chicago (the "City") and the County of Cook (the "County") are home rule units of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to their respective government and affairs; and
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois authorizes and encourages units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function; and
WHEREAS, the Cook County Sheriffs Office (the "Sheriff') seeks to reduce recidivism at the Cook County Department of Corrections ("CCDOC") by providing meaningful work and skills to inmates that will enhance employment opportunities upon release; and
WHEREAS, the City's Commission on Animal Care and Control (the "Commission") is mandated to provide a clean and healthy environment for animals housed at its facility at 2741 South Western Avenue (the "Facility"); and
WHEREAS, the Commission is further responsible for humanely interacting with and handling dogs, cats, other domestic animals, reptiles and wildlife housed at the Facility; and
WHEREAS, non-violent CCDOC inmates in need of job skills are available on a voluntary basis to receive training to clean and feed animals at the Facility; and
WHEREAS, the Commission recognizes the opportunity to train suitable inmate volunteers and utilize their volunteer service to achieve its mandate; and
WHEREAS, the Commission currently seeks, and will train suitable inmate volunteers to perform, the following services: cleaning and disinfecting animal cages in the areas in which animals are housed and treated, and feeding and watering of housed animals per established schedules; and
WHEREAS, the Sheriff and the Commission will mutually benefit from an arrangement whereby the Commission trains suitable inmate volunteers and utilizes their volunteer service to achieve its mandate (the "Volunteer Program"); and
WHEREAS, the Commission anticipates that the Volunteer Program will result in a significant net cost savings for the City; and
WHEREAS, the Commission wishes to make available certain corporate funds in an amount not to exceed $231,059.87 annually plus a not to exceed annual increase of five percent (5%) to pay for or reimburse the Sheriff for certain costs it will incur in connection with the Volunteer Program (the "Actual Costs") to the extent and in the manner provided in the Agreement; and
WHEREAS, the City and the County wish to enter into an intergovernmental agreement in substantially the form attached as Exhibit A (the "Agreement") whereby the City shall pay for or reimburse the Sheriff for the Actual Costs; now, therefore,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein.
SECTION 2. Subject to the approval of the Corporation Counsel of the City as to form and legality, and to the approval of the City Comptroller, the Executive Director of the Commission is authorized to execute and deliver the Agreement, and such other documents as are necessary, between the City and the County, which Agreement may contain such other terms as are deemed necessary or appropriate by the parties executing the same on the part of the City. .
SECTION 3. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any other provisions of this ordinance.
SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval.
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EXHIBIT A Intergovernmental Agreement
[See attached]
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF COOK AND THE CITY OF CHICAGO REGARDING ANIMAL CARE JOB TRAINING AND VOLUNTEER SERVICE BY NON-VIOLENT INMATES AT COOK COUNTY DEPARTMENT OF
CORRECTIONS
This Intergovernmental Agreement (the "Agreement") is made and entered into by and between the City of Chicago (the "City"), a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, by and through its Commission on Animal Cafe and Control (the "Commission"), and the County of Cook (the "County"), as authorized by the Cook County Board of Commissioners, a body politic and corporate of the State of Illinois, on behalf of the Cook County Sheriffs Office (the "Sheriff"), regarding job training and volunteer service by non-violent inmates at 2741.South Western Avenue.
RECITALS
WHEREAS, the Sheriff seeks to reduce recidivism at the Cook County Department of Corrections ("CCDOC") by providing meaningful work and skills to inmates that will enhance employment opportunities upon release; and
WHEREAS, the Commission is mandated to provide a clean and healthy environment for the animals housed at its facility at 2741 South Western Avenue (the "Facility"); and
WHEREAS, the Commission is further responsible for humanely interacting with and handling dogs, cats, other domestic animals, reptiles and wildlife housed at the Facility; and
WHEREAS, non-violent inmates in need of job skills are available on a voluntary basis to receive training to clean and feed animals at the Facility; and
WHEREAS, the Commission recognizes the opportunity to train suitable inmate volunteers and utilize their volunteer service,to help achieve its mandate; and
WHEREAS, the Commission currently seeks, and will train suitable inmate volunteers to perform, the following services: cleaning and disinfecting animal cages in the areas in which animals are housed and treated, and feeding and watering of housed animals per established schedules; and
* WHEREAS, the Sheriff and the Commission will mutually benefit from an arrangement whereby the Commission trains suitable inmate volunteers and utilizes their volunteer service to help achieve its mandate; and
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois authorizes and encourages units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
TERMS AND CONDITIONS ARTICLE ONE: INCORPORATION OF RECITALS
The recitals set forth above are incorporated herein by reference and made a part
hereof.
ARTICLE TWO: AUTHORITY
1. The parties represent and warrant to each other that they have the authority to enter into this Agreement and perform their obligations hereunder. This Agreement constitutes a legal, valid and binding agreement, enforceable against the City and the County, in accordance with its terms.
2. This Agreement shall not become effective unless an ordinance is passed by the City Council of the City (the "City Council") approving the Agreement and it is executed by an authorized representative of the City; furthermore, the Agreement shall not become effective unless it is authorized and executed by the Cook County Board of Commissioners (the "Board").
3. On__, 2011, the City Council adopted an ordinance published
in the Journal of the Proceedings of the City Council of Chicago for said date at pages _-_, among other things, authorizing the execution of this Agreement.
4. On June 1, 2011, the Board adopted a resolution expressing its desire to cooperate with the City regarding animal care volunteer service at the Facility and authorizing the execution of this Agreement.
ARTICLE THREE: PARTIES' OBLIGATIONS AND INMATES
1. Upon the execution hereof, the Sheriff shall carefully select and provide sixteen (16) suitable inmate volunteers per day, 365 days per year, to clean and feed the animal population housed in seven (7) pavilions at the Facility.
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2. The sixteen (16) inmate volunteers shall work from 8:00 A.M. to 12:00 P.M. every day during the year and shall be supervised by at least two (2) CCDOC employees (the "Sworn Correctional Officers") who will transport said inmates to and from the Facility using all appropriate security measures as determined by the Sheriff.
3. Upon execution hereof and until the date of termination of this Agreement according to its terms, and except as otherwise provided under this Agreement, the City shall pay to the Sheriff in twelve equal monthly installments (each, a "Monthly Installment") an annual total amount of $231,059.87 ("Annual Total") from certain City funds (the "City Funds"). The Annual Total reflects the Sheriffs current costs under this Agreement. Upon ninety (90) days advance written request by the Sheriff (each, a "Request"), the City hereby agrees to adjust the Annual Total, or the Annual Total as previously adjusted under the terms of this Article 3.3 (the "Adjusted Annual Total"), in an amount not to exceed 5% annually, to reimburse the Sheriff for its actual cost ("Actual Cost") increases. Any such Request shall detail the Actual Cost increases under this Agreement and provide a reasonable basis for the Actual Cost increase. If a Request does not comply with this Article 3.3, which compliance shall be determined by the City in its sole discretion, then it shall not be deemed a valid Request and the City shall have no further obligation as to that Request. If the City determines that the Request complies with this Article 3.3, then the Annual Total or Adjusted Annual Total shall be increased to reflect the approved Request (the "New Annual Total") arid subsequent Monthly Installments shall be the amount that results from dividing the New Annual Total by twelve. Notwithstanding any of the foregoing, Actual Costs shall be limited to the following costs, which will be incurred by the Sheriff, and which are directly attributable to this Agreement: gas and usage for two (2) CCDOC vehicles, wages for two (2) Sworn Correctional Officers, wages for one (1) sergeant, Sheriffs compensation for sixteen (16) inmate volunteers, inmate volunteer uniform costs, and an administrative fee not to exceed 10.28% of the Actual Costs. The current breakdown of Actual Costs is attached hereto as Exhibit 1, which is hereby incorporated by this reference into the Agreement.
4. Notwithstanding anything in Article 3.3, the Sheriff hereby acknowledges and agrees that the City's obligations hereunder are subject in every respect to the availability of the City Funds. If no funds or-insufficient funds are appropriated and budgeted in any fiscal period of the City for disbursements under this Agreement, then the City will notify the Sheriff in writing of that occurrence, and this Agreement will terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for disbursement under this Agreement are exhausted.
5. The City may terminate this Agreement immediately in the event the Sheriff fails to perform its obligations hereunder after reasonable attempts by the City to obtain such performance. In the event of such a termination, the City shall have the right to exercise its available legal or equitable remedies, including, but not limited to any rights it may be entitled to under this Agreement. The City or the County may terminate this Agreement for convenience upon sixty (60) days notice; less notice may be given if agreed to by the parties.
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6. The City and the Commission shall not compensate the inmate volunteers in any manner. The receipt and deposit of the Monthly Installments shall be determined solely by the Sheriff, but, in any event, the Sheriff intends to set apart four dollars ($4.00) per hour for each inmate volunteer's hour of work and said amounts shall be deposited on a monthly, basis into the Inmate Welfare Fund. Further, the Sheriff shall determine the nature and amount of compensation, if any, to the inmate volunteers for their service.
7. The Commission hereby agrees to provide all irirhates with adequate training and ongoing support sufficient to ensure the inmates' productivity and safety, including but not limited to instruction regarding feeding schedules, the care and handling of animals, and instruction regarding emergency procedures related to the Commission's facility. Notwithstanding any of the foregoing, the Sheriff and the City recognize that the inmate volunteers shall at all times be under the full custody and control of the Sheriff, and as such, the Sheriff and its Sworn Correction Officers are solely responsible for supervising the conduct of the inmate volunteers at all times.
8. The Commission further agrees to provide the inmates suitable protective clothing, if necessary, including but not limited to biohazard protection clothing, if necessary. The Commission further agrees that it shall provide all cleaning equipment and cleaning agents.
9. The Commission will hold harmless the Sheriff from any and all damage to its equipment by the inmates or the Sworn Correctional Officers, unless such damage is the result of the willful and wanton conduct or wrongful act of the inmates or the Sworn Correctional Officers. This Article 3.9 shall survive the termination of this Agreement.
10. Where the Commission identifies any behavioral, safety or productivity concerns in relation to a particular inmate(s), upon written notice by the Commission to the Sheriff identifying the inmate(s) and the underlying cause for concern, the Sheriff shall remove the inmate from the roster of volunteers available to the Commission for the Facility.
11. Where" the Commission identifies any inmate as a behavioral, safety or security risk, the Commission shall immediately notify the Sheriff and the Sheriff shall immediately remove the individual(s) from the Commission's facility and return the individual(s) to the CCDOC.
12. Where the Sheriff identifies either in writing or verbally that the health and/or safety of the inmates are at risk as a result of the performance of the inmates' volunteer service or because of the environment at the Facility, the Sheriff may at his discretion suspend the work of the inmates until such time that the Commission addresses or corrects the underlying risk factors to the Sheriffs satisfaction.
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13. When and if such work is suspended, the Commission may suspend or reduce its Monthly Installments to the Sheriff on a pro-rated basis that corresponds to the number of hours inmates actually provided volunteer services to the Commission during that month.
ARTICLE FOUR: LIABILITY
The City and the County agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Further, except as specifically set forth in Article 3.9, the Sheriff agrees to be responsible for any damages resulting from the negligence or wrongful acts or omissions of the inmate volunteers. This Article 4 shall survive the termination of this Agreement.
ARTICLE FIVE: TERM; EXTENSION OPTION
The term of this Agreement shall commence when executed in accordance with Article 2, and shall run for a period of twelve (12) months following said commencement. The parties may agree in writing to extend the Agreement for up to five (5) additional one-year terms, with each additional one-year term starting at the end of the previous term.
ARTICLE SIX: CONSENT
Whenever the consent or approval of one or both parties to this Agreement is required hereunder, such consent or approval shall not be unreasonably withheld or delayed.
ARTICLE SEVEN: NOTICE
Notice to the County shall be addressed to:
Peter Kramer, General Counsel
Cook County Sheriff
50 West Washington Street
Chicago, Illinois 60602 > Notice to the City City of Chicago
Commission on Animal Care and Control Attention: Executive Director 2741 S. Western Avenue Chicago, Illinois 60608
City of Chicago ^ Department of Law
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Attention: Finance and Economic Development Division City Hall, Room 600 121 N. LaSalle Street Chicago, Illinois 60602
Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the addresses set forth above, by any of the following means: (a) personal service; (b) overnight courier; (c) registered or certified mail, return receipt requested.
Such addresses may be changed when notice is given to the other party in the same manner as provided above. Any notice, demand or request sent pursuant to clause (a) hereof shall be deemed received upon such personal service. Any notice, demand or request sent pursuant to clause (b) shall be deemed received on the day immediately following deposit with the overnight courier and, if sent pursuant to subsection (c) shall be deemed received two (2) days following deposit in the mail.
ARTICLE EIGHT: ASSIGNMENT; BINDING EFFECT
1. This Agreement, or any portion thereof, shall not be assigned by either party without the prior written consent of the other.
2. This Agreement shall inure to the benefit of and shall be binding upon the City, the County and their respective successors and permitted assigns. This Agreement is intended to be and is for the sole and exclusive benefit of the parties hereto and such successors and permitted assigns.
ARTICLE NINE: MODIFICATION
This Agreement may not be altered, modified or amended except by written agreement signed by all of the parties hereto.
ARTICLE TEN: COMPLIANCE WITH LAWS
The parties hereto shall comply with all federal, state and municipal laws, ordinances, rules, and regulations relating to this Agreement.
ARTICLE ELEVEN: GOVERNING LAW AND FORUM
This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois, without regard to conflicts of laws principles. Any claim, suit, action, or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County and each party hereby irrevocably consents to the personal and subject matter jurisdiction of such court and waives any claim that such court does not constitute a convenient and appropriate venue for such claims, suits, actions, or proceedings.
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ARTICLE TWELVE: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the City and the County with respect to the subject matter hereof and supersedes all other prior and contemporary agreements, understandings, representations, negotiations, and commitments between the City and the County with respect to the subject matter hereof. The headings of articles, paragraphs and sections in thisN Agreement are included 'for convenience only and shall not be considered by either party in construing the meaning of this Agreement.
ARTICLE THIRTEEN: NO RELATIONSHIP CREATED
Nothing contained in this Agreement, nor any act of either the City or the County shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City and the County.
The County and its employees, agents and subcontractors are, for all purposes arising out of the Agreement, independent contractors and not employees of the City. It is expressly understood and agreed that neither the County nor the County's employees, agents or subcontractors shall be entitled to any benefit to which City employees may be entitled including, but not limited to, overtime or unemployment compensation, insurance or retirement benefits, workers' compensation or occupational disease benefits or other compensation or leave arrangements.
ARTICLE FOURTEEN: CONSTRUCTION OF WORDS
The use of the singular form of any word herein shall also include the plural, and vice versa. The use of the neuter form of any word herein shall also include the masculine and feminine forms, the masculine form shall include feminine and neuter, and the feminine form shall include masculine and neuter. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof. A reference to the County includes the County's officers, commissioners, employees, attorneys, agents and assigns; a reference to the City includes its officers, members, employees, attorneys, agents and assigns.
ARTICLE FIFTEEN: NO PERSONAL LIABILITY
No member, official, employee or agent of either the City or the County shall be individually or personally liable in connection with this Agreement. The limitations on liability in this article shall survive the expiration or termination of this Agreement and the expiration or termination of any obligation owing to either party under this Agreement.
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ARTICLE SIXTEEN: GOVERNMENTAL IMMUNITY
Notwithstanding anything to the contrary set forth elsewhere in this Agreement, neither the County nor the City has, and in no event shall either of them be construed to have, waived any rights or defenses of governmental immunity that it may have with respect to any matters arising out of this Agreement or performance hereunder.
ARTICLE SEVENTEEN: WAIVER
No term or provision of this Agreement shall be deemed waived, and no breach or default shall be deemed excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach or default by the other, whether express or implied, shall constitute a consent to, waiver of, or excuse for any different or subsequent breach or default by or on the part of any party.
ARTICLE EIGHTEEN: REPRESENTATIVES
Immediately upon execution of this Agreement, the following individuals will represent the parties as a primary contact in all matters under this Agreement.
For the County:
Salvadore Godinez
Director of Cook County Department of Corrections
2700 S. California Ave.
Chicago, IL 60608
Phone: 773-869-2817
Fax:773-869-6851
For the City
Cherie Travis, Esq.
Executive Director
Chicago Animal Care and Control
2741 S. Western Avenue
Chicago, Illinois 60608
Phone: 312-747-1386
Fax: 312-747-1409
Each party agrees to promptly notify the other party of any change in its designated representative, which notice shall include the name, address, telephone number and fax number of the representative for such party for the purpose hereof.
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IN WITNESS WHEREOF, this Agreement is hereby executed on behalf of the parties through their authorized representatives as set forth below.
CITY OF CHICAGO, ILLINOIS,, a municipal corporation by and through its Commission on Animal Care and Control:
" _' Dated:___
Cherie Travis
Executive Director, Commission on Animal Care and Control
COOK COUNTY EXECUTION: The undersigned, on behalf of the County of Cook,. Illinois, a body politic and corporate of the State of Illinois, hereby accept the foregoing Intergovernmental Agreement: -
_' _ Dated:,
Toni Preckwinkle
President, Cook County Board of Commissioners ATTEST:
______ . Dated:
David Orr
Cook County Clerk
ACKNOWLEDGED ■ ' )
. '■ ■ \
By:.___j_.
Thomas Dart
Sheriff, of Cook County
Date: -
Approved as to form:
COOK COUNTY Assistant State's Attorney By: ___
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EXHIBIT 1 Actual Costs (Current)
[See attached]
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Cost
Vehicle |
$ 30.00 |
365 |
$ 10,950.00 |
Vehicle |
$ 30.00 |
365 |
$ 10,950.00 |
CO |
$ 194.87 |
365 |
$ 71,125.73 |
CO |
$ 194.87 |
365 |
$ 71,125.73 |
Sgt |
$ 36.41 |
365 |
$ 13,289.65 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Inmate |
$ 5.00 |
365 |
$ 1,825.00 |
Uniform Allowance |
$ 240.00 |
12 |
$ 2,880.00 |
|
|
|
$209,521.10 |
|
10.28% Admin |
$ 21,538.77 |
|
|
$231,059.87 |