RESOLUTION TO RATIFY THE INTERGOVERNMENTAL AGREEMENT
BETWEEN DUPAGE COUNTY AND KANE COUNTY FOR HOUSING
AND DETENTION SERVICES FOR MINORS
resolution
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any matter not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and
WHEREAS, the COUNTY OF DUPAGE and the COUNTY OF KANE (“Parties”) are units of local government within the meaning of Article 7 Section 1 of the Illinois Constitution of 1970; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any county may participate in an intergovernmental agreement under the Act notwithstanding the absence of specific authority under State law to perform the service involved provided that the unit of local government contracting with the county has authority to perform the service; and
WHEREAS, the COUNTY OF DUPAGE and the COUNTY OF KANE are public agencies within the meaning of the Intergovernmental Cooperation Act (5 ILCS 220/2); and
WHEREAS, the COUNTY OF DUPAGE is authorized to establish, support and maintain a detention home responsible for the care and custody of delinquent minors (55 ILCS 75/1); and
WHEREAS, the COUNTY OF DUPAGE is desirous of utilizing the available housing for juvenile detainees which the COUNTY OF KANE can provide; and
WHEREAS, pursuant to the Juvenile Court Act, 705 ILCS 405/5, the CIRCUIT COURT FOR THE EIGHTEENTH JUDICIAL CIRCUIT and DESIGNATED COURT SERVICES STAFF are authorized to request detention services for juveniles in a secure detention facility; and
WHEREAS, the COUNTY OF DUPAGE may expend tax receipts for detention services purchased through agreement with the COUNTY OF KANE (55 ILCS 75/9.3); and
WHEREAS, on February 6, 2020, the COUNTY OF DUPAGE entered into an agreement with the COUNTY OF KANE to provide temporary custody, specifically housing and detention services for minors authorized by the COUNTY OF DUPAGE (“the Agreement”); and
WHEREAS, the Parties renegotiated the per diem rate and came to an accord, which was memorialized in an addendum to the Agreement on May 23, 2023; and
WHEREAS, the addendum to the Agreement set forth that the terms of the Agreement would remain in effect until the expiration of the Agreement on February 1, 2024; and
WHEREAS, the Agreement expired on February 1, 2024; and
WHEREAS, on February 2, 2024, the Parties completed their negotiation of a new Agreement, attached hereto, upon terms specified therein, in which the COUNTY OF KANE will continue to provide temporary custody, specifically housing and detention services for minors authorized by the COUNTY OF DUPAGE at the same per diem fee agreed to previously on May 23, 2023; and
WHEREAS, on February 2, 2024, to avoid a gap in services for minors of DuPage County, the DuPage County Chair (“Chair”) and the Chair of the Judicial Public Safety Committee (“JPS”) were contacted with a request for the Chair to execute the attached Agreement under § 2-351, the emergency provision of the Procurement Code, which allows the Chair to execute an agreement as an emergency procurement; and
WHEREAS, the Chair and the Chair of JPS agreed that an emergency procurement was imminently necessary, and the attached Agreement was executed on February 2, 2024; and
WHEREAS, the COUNTY OF KANE executed the attached Agreement when its duly authorized officer, the Kane County Court Administrator, signed the document on February 2, 2024; and
WHEREAS, the Department of Probation & Court Services for the Eighteenth Judicial Circuit Court seeks ratification by the DuPage County Board of the Chair’s prior execution of the Agreement on February 2, 2024, under §2-351 of the Procurement Code.
NOW, THEREFORE BE IT RESOLVED, that the AGREEMENT BETWEEN KANE COUNTY AND THE COUNTY OF DUPAGE, attached hereto, is hereby ratified by the DuPage County Board.
end
Enacted and approved this 13th day of February, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK