HomeMy WebLinkAbout051-R-23 Authorizing the City Manager to Execute the Second Amendment to the Grant Agreement and Enter Into a Memorandum of Understanding between the City of Evanston and the Cook County Department of Animal and Rabies Control51-R-23
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08/28/2023
51-R-23
A RESOLUTION
Authorizing the City Manager to Execute the Second Amendment to
the Grant Agreement and Enter Into a Memorandum of Understanding
between the City of Evanston and the Cook County Department of
Animal and Rabies Control
WHEREAS, the City Manager is hereby authorized and directed to sign an
Amendment to the Cook County Grant Agreement (the “Second Amendment), by and
between the City, Cook County Department of Animal and Rabies Control (“Cook
County; and
WHEREAS, Cook County and the City of Evanston (“City”) entered into a
Grant Agreement executed on April 16, 2021, for a grant award to the City in the
amount of $2,000,000 (“Grant Funds”) to cover capital costs of maintenance and repairs
of the Subject Property; and
WHEREAS, the bids received for the construction of the new Animal
Shelter capital improvement project were significantly higher than the estimated cost of
the project at the time of grant award; and
WHEREAS, Cook County has agreed to provide additional funds in the
amount of $850,000 in exchange for guaranteed capacity at the new animal shelter; and
WHEREAS, the City and Cook County desire to enter into a Memorandum
of Understanding that will succeed the Grant Agreement and be in effect after the Grant
Agreement concludes with the final completion of construction of the new animal shelter
and disbursement of the Cook County grant funds,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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51-R-23
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EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to sign
Amendment No. 2 to the Cook County Grant Agreement (the “Agreement”) by
and between the City and Cook County Animal and Rabies Control (“Cook
County”). The Agreement is attached hereto as Exhibit 1 and incorporated
herein by reference; and
SECTION 2: The City Manager is hereby authorized and directed to sign
the Memorandum of Understanding between the City and Cook County. The
Memorandum is attached hereto as Exhibit 2 and incorporated herein by reference.
SECTION 3: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Second Amendment and Memorandum as he
may determine to be in the best interests of the City and in a form acceptable to
Corporation Counsel.
SECTION 4:This Resolution shall be in full force and effect from and after
its passage and approval, in the manner provided by law.
_____________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2023
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
August 28
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51-R-23
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EXHIBIT 1
SECOND AMENDMENT TO COOK COUNTY GRANT AGREEMENT
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51-R-23
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EXHIBIT 2
MEMORANDUM OF UNDERSTANDING
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SECOND AMENDMENT TO GRANT AGREEMENT
BETWEEN COOK COUNTY AND EVANSTON
This SECOND AMENDMENT is effective upon execution and amends and supplements the
Grant Agreement (“Agreement”) between the County of Cook through its Department of Animal
and Rabies Control (“ARC”), and the City of Evanston (“City”), an Illinois municipal
corporation, whose principal office is located at 2100 Ridge Avenue, Evanston, Illinois 60201.
Whereas, the County and City have entered into a grant agreement approved by the County
Board on May 21, 2021, (hereinafter referred to as the “Agreement”), wherein the City is to
provide shelter services to animals received from Cook County Animal and Rabies Control in
exchange for an amount not to exceed $2,000,000.00; and
Whereas, the Agreement will expire on November 30, 2023 before completion of shelter
construction; and
Whereas, the City requests additional time to complete construction of the shelter through
December 31, 2024;
Whereas, an increase of the Agreement amount is required for completion of the construction of
the shelter, and the County and City desire to increase the Agreement in the amount of
$850,000.00.
Now therefore, in consideration of mutual covenants contained herein, it is agreed by and
between the parties to amend the Agreement as follows:
Terms and Conditions
ARTICLE 1) INCORPORATION OF BACKGROUND
The background information set forth above is incorporated by reference as if fully set forth here.
ARTICLE 3) DUTIES AND RESPONSIBILITIES OF GRANTEE
The Agreement is hereby amended to remove Article 3, Section b (ii) “Shelter Services” with the
understanding that the provision of shelter services shall outlive the termination of the
Agreement and therefore will be the subject of an MOU to be approved concurrent to this
Amendment.
ARTICLE 4) TERM OF PERFORMANCE
The Agreement is hereby amended to extend the term of the Agreement for performance of
shelter construction through December 31, 2024 and to remove “and, for the life of the asset with
respect to performance of shelter services.”
ARTICLE 5) COMPENSATION
1. The Article 5(b)(1) of the Agreement is hereby amended to include the following
language: “All City-paid invoices shall be submitted for reimbursement by the County
only after the pay application review has been conducted and shall indicate the
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percentage of project completion. Final payment shall be paid upon satisfaction of
substantial completion of the deliverables.” The term “pay application review” is defined
as the site visit conducted to ensure satisfactory completion of work being invoiced.
2. The Agreement is hereby amended to modify Article 5 (c) Funding to increase the grant
amount for shelter construction by $850,000.00, and the total Agreement amount shall
not exceed the sum of $2,850,000.00.
ARTICLE 8) EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION
AND RIGHT TO OFFSET
3. The Agreement is hereby amended so that Article 8 (a)(ii) shall include the following
language: “(g) The City shall endeavor to keep the property free from any and all liens.”
ARTICLE 10) NOTICES
4. The Agreement is hereby amended so that the contact information contained in Article 10
“Notices” is as follows:
To Cook County:
Cook County Department of Animal and Rabies Control
10220 South 76th Avenue, Room 251
Bridgeview, Illinois 60455
Attn. Administrator Mamadou Diakhate, DVM
With a copy to:
Cook County Bureau of Administration
161 N. Clark St., Ste. 2400A
Chicago, IL 60601
Attn. Zahra Ali, Chief Administrative Officer
To the City:
City of Evanston
2100 Ridge Ave.
Evanston, IL 60201
Attn. Corporation Counsel
5. All other terms and conditions remain as stated in the Agreement.
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In witness whereof and pursuant to County Board approval on September 21, 2023, the
County and the City have caused Amendment No. 2 to be executed on the date and year last
written below.
County of Cook, Illinois City of Evanston, Illinois
By: _________________ _____________________
Date:________________ _____________________
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is between Cook County through its Department
of Animal and Rabies Control (“ARC”) and the City of Evanston (“City”), hereinafter
collectively referred to as the Parties, for the provision by City of Shelter Services to CCARC.
I. Purpose and Scope
This MOU is entered into pursuant to the authority provided to ARC in Cook County Code
Section 10-6(e). The purpose of this MOU is to identify the respective responsibilities of the
Parties with respect to provision of shelter services by City to ARC.
II. Background
On May 21, 2021, Cook County granted to City up to $2,000,000.00 for construction of an
animal shelter. On September 21, 2023, that amount was increased by the Cook County
Board up to $2,850,000.00.
CCARC routinely seeks shelter services for dogs and cats that it takes custody of in the
course of fulfilling its legal mandate. Cook County does not have its own shelter and relies
on the partnership of municipal and not-for-profit shelters to provide shelter space.
In consideration of the September 21, 2023 increase in grant funding, City agrees to provide
shelter services to ARC under the following terms:
III. CITY RESPONSIBILITIES AND ACKNOWLEDGMENTS UNDER THE
MOU
a) Shelter Services
1. City shall furnish all labor, equipment, and supervision necessary to
provide proper shelter and care for dogs and cats impounded by ARC.
Such animals shall be sheltered by the City at 2310 Oakton Street,
Evanston, Illinois 60202, or at another location as mutually agreed by the
parties, subject to the following provisions:
2. The City shall maintain suitable hours at the animal shelter for the
convenience of the public and for the purpose of transacting business in
connection with the duties under this Agreement and for the purpose of
receiving animals or for accepting applications for the redemption of
impounded animals.
3. The City shall provide ARC access to the shelter facilities, twenty-four
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hours, seven days per week including via key or code, as applicable,
during non-business hours.
4. The City shall accept all domestic animals and neglect cases impounded
by CCARC. The number of dogs and cats required to be accepted shall not
exceed seven (7) and ten (10), respectively, at any given time, except as
mutually agreed upon by the Parties.
5. The City shall maintain possession of the domestic animals for the legally
required period, except in the event of domestic animals relinquished in
writing by their owners for which there is no legally required waiting
period.
6. The City shall assume ownership of such animals and place them for
adoption or otherwise humanely dispose of them, upon expiration of any
applicable waiting period.
7. The City shall contact and consult with ARC’s Administrator in
emergency situations.
8. The City shall provide necessary medical care for animals impounded by
ARC, while any decisions regarding care shall be made by City. The
Administrator shall be informed of any such care as soon as is practicable.
9. The City shall accept and process animals for submission to the State
Laboratory for testing as requested by ARC or as otherwise determined to
be necessary by the City.
10.The City will provide a monthly invoice to ARC to request reimbursement
for services performed according to the following fee schedule:
a. $130 per dog
b. $100 per cat
c. $150 per exotic pet
d. $100 per wildlife animal
e. $100 per Community Service Request
f. A mandated euthanasia request $200 ($100 for pet plus $100 for
Rabies specimen).
11. The City shall provide ARC electronic documentation of all reportable
categories of animal acquisitions received via ARC, including but not limited
to information pertaining to intake and outcome (euthanized, adopted,
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redeemed by owner, given to rescue, available for adoption, being treated on
premises, vaccines and anthelmintic administered at intake).
12. To the extent that the City enters subcontracts to provide shelter services
on its behalf, the above provisions shall apply to such Subcontractor.
13. This description of Services is intended to be general in nature is neither a
complete description of Grantee's Services nor a limitation on the Services
that Grantee is to provide under this Agreement. Grantee must provide the
Services in accordance with the standards of performance set forth in this
Agreement.
IV. GENERAL PROVISION
a. Effective Date and Term
This MOU shall be effective upon the date of most recent signature by the Parties. Upon
execution, this MOU will remain in effect for fifteen (15) years and automatically renew on
an annual basis thereafter unless either party sends a written notification of intent to end the
agreement at least 90 days prior to the date of automatic renewal.
b. Insurance
In entering this agreement, each Party agrees to maintain insurance coverage as specified in
the underlying Grant Agreement entered into by the Parties on May 21, 2021.
c. Indemnity
Each Party to this MOU shall be responsible for claims and damages to persons or property
resulting from acts or omissions on the part of itself, its employees, or its officers. Neither
Party assumes any responsible to the other Party for the consequences of any act or
omission of any person, firm, or corporation not a Party to this MOU.
d. No Personal Liability
No member, official, director, employee or agent of Cook County, ARC, or the City shall be
individually or personally liable in connection with this MOU.
e. Assignment
This MOU may not be assigned without the express written consent of both Parties. Any
attempt to assign this MOU without mutual consent shall be void, This MOU shall inure to
the benefit of and shall be binding upon the City and ARC and their respective successors
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and permitted assigns.
f. Relationships of the Parties
CCARC and the City are independent entities. Nothing in this MOU shall be construed to
create a relationship of employer and employee, principal and agent, joint ventures, partners
or any relationship other than independent contractors.
g. Amendment
This Agreement may be changed only by written amendment signed by both Parties thereto.
Any attempt to amend this Agreement without mutual consent shall be void.
h. Governing Law and Venue
This MOU shall be governed by the laws of the County of Cook and State of Illinois.
i. Notice
Notice under this agreement shall be provided to the parties as outlined below:
To Cook County:
Cook County Department of Animal and Rabies Control
10220 South 76
th Avenue, Room 251
Bridgeview, Illinois 60455
Attn. Administrator Mamadou Diakhate, DVM
mamadou.diakhate@cookcountyil.gov
With a copy to:
Cook County Bureau of Administration
161 N. Clark St., Ste. 2400A
Chicago, IL 60602
Attn. Zahra Ali, Chief Administrative Officer
zahra.ali@cookcountyil.gov
To the City:
City of Evanston
2100 Ridge Ave.
Evanston, IL 60201
Attn. Corporation Counsel
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V. SIGNATURE CCARC and the City indicate agreement with this MOU by signing
below:
__________________________ ____________________________
Zahra Ali Luke Stowe
Chief Administrative Officer City Manager
Cook County Bureau of Administration City of Evanston
Date: ______________ Date: ______________
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