Resolution 2021-05 Resolution No. 2021-05
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN THE
UNITED CITY OF YORKVILLE AND KENDALL COUNTY
BE IT RESOLVED, by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1: That the Intergovernmental Agreement for Reciprocal Building
Inspections Services Between Kendall County, Illinois and the United City of Yorkville,
Illinois - 2021, attached hereto and made a part hereof by reference as Exhibit A, is
hereby approved, and John Purcell, Mayor, and Lisa Pickering, 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
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 91h day of February, A.D. 2021.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois this day of {E,aR u AR , A.D. 2021.
MAYOR
Resolution No.2021-05
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Exhibit A
INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING
INSPECTION SERVICES BETWEEN KENDALL COUNTY,ILLINOIS
AND THE UNITED CITY OF YORKVILLE,ILLINOIS -2021
THIS INTERGOVERNMENTAL AGREEMENT ("the Agreement") by and between
the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and
the United City of Yorkville, Kendall County, Illinois (the "City") a municipal corporation of the
State of Illinois, is as follows:
WITNESSETH:
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 manner
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 City and Kendall County are units of local government within the
meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter
into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS
220/1 et seq.; and
WHEREAS, pursuant to the authority granted by the Illinois Counties Code and Illinois
Municipal Code (55 ILCS 5/1-1001, et seq. and 65 ILCS 511-1-1, et seq.), the County and City
(collectively referred to as the "Parties") are both authorized to perform inspections of buildings
within their respective jurisdictions to promote the health and safety of the public; and
WHEREAS,units of local government may establish agreements with other units of local
government within the State of Illinois to enforce building codes pursuant to 20 ILCS 3105/10.09-
1(f),which is commonly known as the Capital Development Board Act;and
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WHEREAS,the County and City wish to share their resources and assist each other in the
performance of inspections on an as needed basis, while not surrendering their own jurisdiction or
relinquishing any of their rights.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
hereafter set forth,the parties agree as follows:
Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully
restated in this Section 1.
Section 2.
a The Parties agree that Kendall County Code Official Brian Holdiman and the United
City of Yorkville Building Code Official Peter Ratos shall perform the following
services on the other party's behalf when requested: footing inspections; backfill
inspections; foundation wall inspections; concrete slab inspections; rough framing
inspections; rough electric inspections; underground electric inspections; electric
service inspections;insulation inspections;roofing inspections and final inspections. In
instances where Holdiman or Ratos inspect and find violations and a code enforcement
action is required in court or administrative adjudication, Holdiman or Ratos may be
requested to be a witness to verify any violations found during their inspection. If it is
requested that either Ratos or Holdiman attend an administrative or court hearing in
regard to violations,then they shall be given reasonable notice of no less than fourteen
(14) days for such hearing and they shall attend as requested.
h The Parties agree that the United City of Yorkville Building Code Official Peter Ratos
may,in his discretion,perform plumbing inspections on Kendall County's behalf when
requested. In instances where Ratos performs plumbing inspections and finds
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violations and a code enforcement action is required in court or administrative
adjudication, Ratos may be requested to be a witness to verify any violations found
during his inspection. If it is requested that Ratos attend an administrative or court
hearing in regard to violations,then he shall be given reasonable notice of no less than
fourteen(14) days for such hearing and he shall attend as requested.
Section 3. The Parties agree that the following inspection services shall not be provided
under this agreement: plan review; permit approval, and; initial site inspections prior to a permit
being issued.
Section 4. Upon request,the Parties agree to coordinate and assist each other in the parties'
performance of the inspections set forth in Section 2 of this Agreement only under the following
circumstances:
a. If Kendall County Code Official Holdiman or City Building Code Official Ratos is
absent from work due to illness, vacation, on an approved leave of absence, or
otherwise unavailable to perform one or more of the above listed inspections within
Section 2(a) for their respective jurisdiction;and/or
b. If Kendall County Code Official Holdiman or City Building Code Official has a
conflict of interest in performing one or more of the inspections set forth in Section 2(a)
for their respective jurisdiction;and/or
c. If the Kendall County Plumbing Contractor is absent from work due to illness,vacation,
on an approved leave of absence, or otherwise unavailable to perform plumbing
inspections for his or her respective jurisdiction;and/or
d. If the Kendall County Plumbing Contractor has a conflict of interest in performing
plumbing inspections for his or her respective jurisdiction.
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For purposes of this Agreement, the parry requesting assistance shall be referred to as "the home
jurisdiction" and the party providing the inspection services assistance as set forth in Section 2
shall be referred to as"the visiting inspector".
Section S. In the event the visiting inspector is unable to perform the inspection services
set forth in Section 2 of this Agreement,the home jurisdiction shall be responsible for performing
its inspection or shall be responsible for retaining and payment of a third party to perform the
inspection.
Section 6. When the visiting inspector performs an inspection on behalf of the home
jurisdiction, the visiting inspector shall utilize the building codes of the home jurisdiction where
the inspection is taking place. As such, when an inspection is within the corporate limits of the
City, the Kendall County inspector shall use the building codes that are currently adopted and
enforced by the City at the time of the inspection. When an inspection is in an unincorporated
portion of Kendall County, where the County has jurisdiction, the City inspector shall utilize the
building codes that are currently adopted and enforced by Kendall County at the time of the
inspection.
Section 7. When a home jurisdiction requests the visiting inspector's assistance,the home
jurisdiction shall provide a minimum of twenty-four(24)hours notice when there is a foreseeable
need for the other party's inspection services. In the event of an illness or other emergency, the
parties agree to provide each other with as much advance notice as possible if a visiting inspector's
services are needed pursuant to Section 4.
Section 8. Inspections must be completed using the proper jurisdiction's forms. Prior to
the commencement of any requested inspection, the home jurisdiction requesting assistance will
prepare and provide all necessary inspection reports/forms for use by the visiting inspector
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and deliver them to the visiting inspector prior to the inspection taking place. Following an
inspection, the original, completed inspection reports/forms shall be returned to the home
jurisdiction within twenty-four (24) hours after completion of the inspection. After the visiting
inspector has returned the original, completed inspection reports/forms to the home jurisdiction,
the visiting inspector shall not be required to retain the records of inspections for the home
jurisdiction after performing inspections under this Agreement.
Section 9.Neither the City nor Kendall County shall subcontract the services provided
to the other under this agreement to a third-party inspector without the prior written consent of the
other party.
Section 10. There will be no compensation paid to, or by, either jurisdiction for the sharing
of services under this Agreement.
Section 11. When a visiting inspector performs an inspection under this Agreement for the
home jurisdiction,the visiting inspector shall use their own equipment,tools and vehicles, and the
home jurisdiction shall not be responsible for reimbursing the visiting inspector for mileage or any
other expenses incurred by the visiting inspector.
Section 12. The City and Kendall County shall each defend, with counsel of the other
party's own choosing, indemnify and hold harmless the other party, including past, present and
future board members,elected officials,insurers, employees,and agents from and against any and
all claims,liabilities,obligations,losses,penalties,fines,damages,and expenses and costs relating
thereto,including but not limited to attorneys' fees and other legal expenses,which the other party,
its past, present and future board members, elected officials, insurers, employees, and/or agents
may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the
inspections to be performed by the other parry under this agreement. As such,
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when the City performs an inspection for Kendall County, the City will defend with counsel of
Kendall County's own choosing, indemnify and hold harmless Kendall County as set forth above
relating to the City's and the City Building Code Official's actions in the performance of their
duties under this Agreement. When Kendall County performs an inspection for the City, Kendall
County will defend with counsel of the City's own choosing,indemnify and hold harmless the City
as set forth above relating to Kendall County's and the County Code Official's actions in the
performance of their duties under this Agreement.
Section 13.Nothing in this agreement shall be deemed to change or alter the jurisdiction
of either the City or Kendall County in any respect,including,but not limited to their building and
zoning regulations,powers and duties.
Section 14. This Agreement and the rights of the parties hereunder may not be assigned
(except by operation of law), and the terms and conditions of this Agreement shall inure to the
benefit of and be binding upon the respective successors and assigns of the parties hereto.Nothing
in this Agreement, express or implied, is intended to confer upon any parry, other than the parties
and their respective successors and assigns,any rights,remedies,obligations or liabilities under or
by reason of such agreements.
Section 15. This Agreement shall be interpreted and enforced under the laws of the State
of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the
Circuit Court of Kendall County, Illinois, Twenty-Third Judicial Circuit. In case any provision of
this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of
competent jurisdiction, such provision shall, to the extent possible, be modified by the court in
such manner as to be valid,legal and enforceable so as to most nearly retain the intent of the parties,
and, if such modification is not possible, such provision shall be severed from this
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Agreement, and in either case the validity, legality, and enforceability of the remaining
provisions of this Agreement shall not in any way be affected or impaired thereby.
Section 16. All notices required or permitted hereunder shall be in writing and may be given
by (a) depositing the same in the United States mail, addressed to the party to be notified,postage
prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c)
telecopying the same with electronic confirmation of receipt:
If to the County: Director
Kendall County Planning, Building& Zoning
I I I West Fox Street, Room 203
Yorkville, Illinois 60560
Fax: 630-553-4179
With copy to:
Kendall County State's Attorney
807 John Street
Yorkville, Illinois, 60560
Fax: 630-553-4204
If to the City: Community Development Director
United City of Yorkville Building Safety and Zoning
800 Game Farm Road
Yorkville, Illinois 60560
Fax: 630-553-7264
Or any such other person, counsel or address as any party hereto shall specify pursuant to this
Section from time to time.
Section 17. This Agreement may be executed in counterparts (including facsimile
signatures),each of which shall be deemed to be an original and both of which shall constitute one
and the same Agreement.
Section 18. This Agreement represents the entire agreement between the parties and there
are no other promises or conditions in any other agreement whether oral or written. Except
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as stated herein, this agreement supersedes any other prior written or oral agreements between
the parties and may not be further modified except in writing acknowledged by both parties.
Section 19. Nothing contained in this Agreement, nor any act of Kendall County or the
City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by
third persons, to create any relationship of third parry beneficiary, principal, agent, limited or
general partnership,joint venture,or any association or relationship involving Kendall County and
the City. Further, nothing in this agreement should be interpreted to give Kendall County or the
City any control over the other's employees or imply a power to direct the employees of the other
government body, which neither entity may exercise.
Section 20. When performing inspections under the terms of this Agreement, Kendall
County and City 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. It is further agreed that all employee benefits, wage and disability payments, pension
and worker's compensation claims,damage to or destruction of equipment, facilities,clothing and
related medical expenses of the City or Kendall County and their respective inspectors,which may
result from their activities under this Agreement, shall be the responsibility of the jurisdiction
which employs the inspector making such a claim.
Section 21. The Parties will obtain and continue in force,during the term of this Agreement,
all insurance as set forth below: (a) Commercial General Liability (CGL): Insurance
Services Office Form CG 00 01 (or its equivalent) covering CGL on an "occurrence" basis,
including products and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than$1,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall
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apply separately to this project/location(ISO CG 25 03 or 25 04)or the general aggregate limit shall
be twice the required occurrence limit; (b) Automobile Liability: ISO Form Number CA 00 01
covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned
autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property
damage;(c)Workers' Compensation: as required by the State of Illinois,with Statutory Limits,and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury
or disease. If the Jurisdiction maintains broader coverage and/or higher limits than the minimums
shown above,the both Jurisdictions require and shall be entitled to the broader coverage and/or the
higher limits maintained by the contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to both Jurisdictions. The
insurance policies are to contain,or be endorsed to contain,the following provisions: (a)Additional
Insured Status-Both jurisdictions,its officers,officials,employees,and volunteers are to be covered
as additional insureds on the CGL policy with respect to liability arising out of work or operations
performed by or on behalf of the jurisdiction including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be provided in the form of
an endorsement to the jurisdiction's insurance; (b) Notice of Cancellation-Each insurance policy
required above shall provide that coverage shall not be canceled, except with notice to the Entity;
(c) Verification of Coverage-Each Jurisdiction shall furnish the other with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable policy
language effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to other before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the
other's obligation to provide them.
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Each Jurisdiction reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Section 22. This Agreement shall be in full force and effect for a period of one (1) year
from the date of the last signature below,however it may be renewed upon agreement of the parties
in writing.
Section 23. Either party may terminate this Agreement by providing thirty (30) calendar
days' advance written notice to the other party. However, any act of bad faith in the execution of
duties under this Agreement shall result in immediate termination of the other party's duties as laid
out herein. For the purpose of this agreement, "bad faith" is an intentional dishonest act by not
fulfilling legal or contractual obligations, misleading another, entering into an agreement without
the intention or means to fulfill it, or violating basic standards of honesty in dealing with others.
Also, the parties agree to provide prompt written notice within fifteen (15) calendar days to the
other party if Kendall County Code Official Brian Holdiman's or City Building Code Official Pete
Ratos' employment ceases for whatever reason. In such event, this Agreement shall immediately
terminate upon receipt of said written notice.
Section 24. The parties understand and agree that this Agreement in no way creates a joint
employment relationship between the Parties. The Parties understand and agree that they are solely
responsible for paying all wages, benefits and any other compensation due and owing to its
employees for the performance of visiting inspector services set forth in this Agreement. The
parties further understand and agree that the parties are solely responsible for making all required
payroll deductions and other tax and wage withholdings pursuant to state and federal law for its
employees who perform visiting inspector services as set forth in this Agreement.
Section 25. Kendall County and the City each hereby warrant and represent that their
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respective signatures set forth below have been, and are on the date of this Agreement, duly
authorized by all necessary and appropriate corporate and/or governmental action to execute this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to
be executed by their duly authorized officers on the date below in the United City of Yorkville,
Illinois.
County of Kendall, a unit of local government United City of Yorkville, Kendall County,
of the State of Illinois Illinois, a municipal c9qporation
By: By:
Chair, Kendall County Board Mayor
Date: Date: a f la./a/
Attest: Attest:
County Clerk City Clerk
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respective signatures set forth below have been, and are on the date of this Agreement, duly
authorized by all necessary and appropriate corporate and/or governmental action to execute this
Agreement.
IN WITNESS WHEREOF,the parties hereto have caused this Intergovernmental Agreement to
be executed by their duly authorized officers on the date below in the United City of Yorkville,
Illinois.
County of Kendall,a unit of local government United City of Yorkville,Kendall County,
of the State of Illinois Illinois,a municipal corporation
By: By:
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Chair,Kendall County B and Mayor
Date: j Date:
Attest: Attest:
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County Clerk City Clerk
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