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Resolution 2013-20 Resolution No . 2013 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT REGARDING SHARED INSPECTION SERVICES BETWEEN THE UNITED CITY OF YORKVILLE AND THE VILLAGE OF OSWEGO i BE IT RESOLVED, by the Mayor and City Council of the United City of I Yorkville, Kendall County, Illinois , as follows : Section 1. That the Intergovernmental Agreement Regarding Shared Inspection. Services Behveen the Village of Oswego and the United City of Yorlh4lle, attached hereto I and made a part hereof by reference as Exhibit A, is hereby approved, and Gary Golinski, Mayor, and Beth Warren, City Clerk, be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and I approval as provided by law . Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _ � _ day of & Lleynber, 2013 . CITY CLERK CARLO COLOSIMO `1 KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this l day of /10 VEM 6Ei2 ) 2013 . i P M Y UR i Resolution No. 2013 - ao Page 1 EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT REGARDING SHARED INSPECTION SERVICES THIS AGREEMENT is between the Village of Oswego ("Oswego") , and the United City of Yorkville ("Yorkville") , sometimes collectively referred to as the " Parties" , in the exercise of their intergovernmental cooperation powers under the Illinois Constitution and the Illinois Governmental Cooperation Act and of their authority under the Municipal Code . Each party has approved this Agreement and adopted it in the manner required by law. WHEREAS , the parties have the authority to enter into intergovernmental agreements pursuant to Article VII , Section 10 , of the Illinois Constitution of 1970, and Sections 3 and 5 of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/3 , 5) ; I WHEREAS , Oswego and Yorkville wish to share their resources and assist each other in the performance of inspections on an as needed basis . I NOW, THEREFORE , in consideration for the foregoing recitals , and the mutual i covenants and promises contained below, the sufficiency of which is hereby acknowledged , the parties do hereby agree as follows: Section 1 . Recitals Incorporated i The above recitals are hereby incorporated into this Agreement. Section 2. Term This Agreement shall be for a term beginning upon execution by both Oswego and Yorkville continuing for a period of one year thereafter, automatically renewing for one year terms until terminated as provided in this Agreement. The Agreement may be I terminated by either party about thirty days (30) notice to the other party. i Section 3. Cooperative Use of Inspectors. The Parties shall make available to each other their respective building inspectors for various building inspections , on an as-needed basis. I i i II I Section 4. Utilization of Inspectors The party requesting the use of an inspector shall provide as much notice as is practicable to the party employing the inspector. However, no particular advance notice is required . If the party receiving the request for use of an inspector cannot accommodate the request due to existing inspection obligations or employee time off, it i shall inform the party making the request and provide alternative times when an ! inspector may be available . Inspections made pursuant to this agreement shall utilize the building codes of the jurisdiction making the request for inspection . For example , when an inspection is made within the corporate limits of Yorkville , its building code shall apply. Similarly, i when inspections are made within the corporate limits of Oswego , its building code shall I- apply. If the inspection results in the issuance of a citation , the inspector issuing the citation shall also be present at any code enforcement or court hearing resulting from the citation . i Section 5. Compensation Each party shall be individually responsible for the wages, benefits , expenses and other costs associated with the employment of its inspectors , regardless of where the inspections take place . When an inspector is utilized pursuant to this agreement, the party requesting the use of the inspector shall pay to the party providing the inspector on I an hourly basis $60 . 00 . If, however, the proving of an inspector results in overtime , the cost shall be $90 . 00 per hour. In addition to the hourly rate , the party providing the inspector may charge round-trip mileage from the regular working location of the inspector to the inspection site at the then-current Internal Revenue Service reimbursable rate . Amounts incurred under this section shall be billed not less than 2 i quarterly and amounts due by one party may be set off against owed from the other party , but only for services performed under this Agreement. Section 6. Indemnity I When performing inspections under the terms of this Agreement, the Parties intend that any injuries to their respective employee shall be covered and handled exclusively by their jurisdiction's own worker's compensation insurance in place at the time of such injury. To implement this intent, to the fully extent permitted by law, the party employing and providing the inspector waives any right of contribution against and shall indemnify and hold harmless the party utilizing the inspector against claims , damages , losses and expenses arising out of or resulting from performance of the inspector's work under this Agreement, provided that the claim , damage or loss is attributable to bodily injury, sickness , disease or death which is caused in whole or in j party by the negligent act or omissions of the party employing the inspector. Section 7. No Joint Employment This Agreement in no way creates a joint employment relationship between the i i parties . I Section 8. Severability Clause If any section , paragraph or provision of this Agreement shall be held invalid or unenforceable for any reason , such invalidity or unforceability shall not affect any of the remaining provisions of this Agreement. Section 9. Miscellaneous I a. Notices All notices hereunder shall be in writing and shall be served personally or by certified mail , return receipt requested , upon the party at the parties principal administrative offices i I 3 I b. Attorneys Fees — In the event of litigation between parties with respect to any matter related to this Agreement, each party shall bear the cost of its own attorney's fees . Ca Amendment — Except as specified herein , this Agreement contains the entire agreement of the parties and shall supersede any prior written or oral agreements or understandings . This Agreement may only be altered , modified or amended upon i written consent and be interpreted to preclude or limit, however, the amendment or modification of regulations , procedures or policies established by the parties . i d . Execution of Counterparts — This Agreement may be executed in multiple counterparts or duplicate originals , each of which shall constitute and be deemed as one and the same document. I VILLAGE OF OSWEGO UNITED CITY OF YORKVILLE By : By: ljj�Al President _ --/-._-.� , � Attest: / �� �d&A Attest: I Village Clerk CITY CLE 'I2K I I I I 4