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HomeMy WebLinkAboutOrdinances - ORD-14-1659 - 01/20/2014 - IGA W/PRAIRIE GROVE PLAN REVIEW INSPECTION SERVICEDouglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry.il.us www.ci.nichenry.il.us ORDINANCE NO. ORD-14-1659 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PRAIRIE GROVE AND THE CITY OF MCHENRY FOR PLAN REVIEW AND INSPECTION SERVICES WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Intergovernmental Agreement between The Village of Prairie Grove and the City Of McHenry for plan review and inspection services be and the same is hereby approved. A complete and accurate copy of said agreement is attached to this ordinance and incorporated herein as Exhibit "A". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Intergovernmental Agreement Between The Village of Prairie Grove and the City Of McHenry for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. MCHC Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry. il.us www.ci.mchenry.il.us SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 20TH DAY OF JANUARY, 2014 AYES:Santi, Glab, Schaefer, Blake, Wimmer, Condon NAYS:None ABSTAINED:None ABSENT:Peterson NOT VOTING: APPROVED THIS 20TH DAY OF JANUARY, 2014. -MAYOR ATTEST: CITY CLER McHenr Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 dmartffl@ci.mchenry.il.us www.ci.mchenry.il.us INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PRAIRIE GROVE AND THE CITY OF MCHENRY FOR PLAN REVIEW AND INSPECTION SERVICES THIS AGREEMENT is entered into this 20th day of January 2014, between the Village of Prairie Grove, an Illinois Municipal Corporation, (hereinafter referred to as "Prairie Grove") and the City of McHenry, an Illinois Municipal Corporation, (hereinafter referred to as "McHenry"). WHEREAS, Prairie Grove desires to obtain, plan review and inspection services from McHenry; and WHEREAS, McHenry desires to provide building inspectors to provide oversight and perform a variety of plan reviews involving application of Prairie Grove's adopted model codes and local amendments, rules, and regulations and with structural, mechanical, electrical, plumbing, property maintenance and energy conservation expertise and certification from the International Code Council (ICC); to perform a variety of inspections within the corporate limits of Prairie Grove; and NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in the exercise of their powers and authority under the intergovernmental cooperation provisions of Article VII, Section 10 of the Illinois Constitution of 1970, the Illinois Intergovernmental Cooperation Act, 5 1LCS 220/1 et seq., and other applicable authority, the Parties do hereby agree as follows: Section 1: Incorporation of Recitals The foregoing recitals are hereby incorporated herein and made a part of this Agreement. Section 2: Plan Review Services Provided by McHenry A. Upon request, McHenry shall provide plan review, code enforcement and building inspection services as provided herein. B. McHenry's building and code enforcement inspectors shall explain, interpret, and provide oversight regarding all applicable codes and policies to architects, engineers, developers, contractors, residents, and other interested parties and; shall serve as the Village authority having jurisdiction within the realm of building, property maintenance and code enforcement. McHenr Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us C. McHenry may be requested to provide services outside normal business hours for emergency situations that require an evaluation of structural integrity or habitability of a structure. • D. Plan review services shall include the review of plans and specifications for all building construction or repairs to ensure compliance with all applicable building codes and ordinances prior to issuing permits for such work to begin. E. Plans shall be reviewed by McHenry based on Prairie Grove's most recent adopted model ordinances and local amendments. F. Prairie Grove shall provide McHenry with any and all documents necessary, including but not limited to a zoning map and list of street addresses within the corporate limits of Prairie Grove. G. Depending upon the scope of the project, plans reviewed by McHenry may involve Building, Plumbing, Mechanical, Electrical, and Energy Conservation, and related disciplines. H. The building inspector shall identify and document areas of noncompliance (arranged numerically), include the code and section number, and inform Prairie Grove of plan compliance/approval or noncompliance. 1. In the event the building inspector is required to attend meetings in Prairie Grove, McHenry will be paid the regular hourly rate as provided in Section 4 of this Agreement. J. Plan reviews shall be completed and all construction documents and specifications returned to Prairie Grove within ten (10) business days of receiving the plans. Review of plan revisions shall be returned to Prairie Grove within seven (7) business days. K. McHenry shall not be responsible for the direct supervision of Prairie Grove employees. Prairie Grove shall be responsible for the supervision of their employees. McHenr Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050' Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry. il.us www.ci.mchenry.il.us Section 3: Inspection Services Provided by McHenry A. Upon Request, McHenry shall provide inspection services as provided herein. B. Inspections performed by McHenry may include, but are not limited to, footings and foundations; pre-placement of concrete or asphalt; rough and final framing, plumbing, electrical and mechanical; insulation; re-inspections; and certificate of occupancy inspections. C. Each inspector shall have proper and appropriate inspection equipment to conduct inspections as required. The inspection equipment shall include clipboards, flashlights, show covers, tape measures, and other equipment needed to conduct a quality visual inspection. McHenry will not provide any type of ladder or lifting equipment. D. Inspections may be scheduled during any business day, between the hours of 9:00 a.m. and 4:00 p.m. Inspection requested by Prairie Grove shall be made to McHenry via telephone no later than 4:00 p.m. one business day prior to the requested inspection date. McHenry will use its best efforts to conduct inspections within one business day after the date of the request. E. Each Inspector shall utilize a McHenry vehicle to access the site of the inspection. All McHenry vehicles shall comply with State-mandated insurance and licensing requirements. Each operator of a McHenry vehicle shall have in their possession a valid Illinois Driver's License. F. As requested, inspectors shall attend court hearings to enforce Code violations at their hourly rate. G. In the event a McHenry inspector is required to attend a meeting in Prajrie Grove, McHenry will be paid the regular hourly rate as provided in Section 4 of this Agreement. H. Technical assistance provided by any McHenry inspector to Prairie Grove staff, builders, developers and/or contractors and residents shall be billed at a rate of $50 per hour for residential projects, a residential project as referenced herein and throughout this Agreement is defined as any project which is regulated by the International Residential Code, published by the International Code Council (ICC) and $60 per hour for non- residential projects, a non-residential projects as referenced herein and throughout this McHe; Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry.il.us www. ci.mchenry. il.us Agreement is defined as any project which is regulated by the International Building Code, published the ICC. This shall also apply to any future building code amendments or adoption of a more recent ICC family of codes. Assistance may be provided over the phone, via email., or in person. Section 4: Cost of Services A. Time spent at Prairie Grove Village Hall and offsite meetings in Prairie Grove by any building inspector shall be billed at a rate of $50 per hour for residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement, and $60 per hour for non- residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement and shall include travel time. The minimum number of hours billed per trip to Prairie Grove shall be one and one-half (1.50) hours. B. Technical assistance provided by any McHenry inspector to Prairie Grove staff, builders, developers and/or contractors and residents shall be billed at a rate of $50 per hour for residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement and $60 per hour for non-residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement. Assistance may be provided over the phone, via email, or in person. C. Plan Reviews shall be billed at a rate of $50.00 per hour for residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement and $60 per hour for non-residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement. In addition to the hour rates set forth herein, the following one-time plan review fees shall apply. (I) $80 plan review fee for any residential project, as previously defined herein in Section 3 Paragraph H of this Agreement -including new construction, additions and remodeling; (2)_ For .non-residential projects, as. previously defined herein in Section 3 Paragraph H of this Agreement the following plan review fee schedule shall apply-including new construction, additions and remodeling: (i) 0-500 square feet no charge (ii) 501-5,0000 square feet-$50 (iii) 5,000 square feet and greater $200 D. Inspections, court attendance and off-site meetings attended by a building inspector(s), shall be billed at a rate of $50.00 per hour for residential projects, as previously defined McHenr Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchemy.iLus www.ci.mchenry.il.us herein in Section 3 Paragraph H of this Agreement and $60 per hour for non-residential projects, as previously defined herein in Section 3 Paragraph H of this Agreement and shall include travel time. On days when at least one inspection has occurred, the minimum number of hours billed per day shall be one and one-half (1.50) hours regardless of the number of inspections. E. All hourly fees will be billed in six (6) minute increments - six minutes equals one tenth (.1) of an hour. Invoices for hourly fees shall include the date the services were provided, the address or project for which the services were rendered, a description of the services rendered and the amount of time spent providing the service. F. If during the course of any review and/or inspections being completed on behalf of Prairie Grove by McHenry, McHenry believes a third party consultation is required, such as but not limited to legal, architectural, engineering review all costs incurred for such third party reviews shall be paid for Prairie Grove. Prior to initiating any third party review McHenry will contact Prairie Grove for prior approval. Any third party expenses incurred shall by billed-to and paid directly by Prairie Grove. G. McHenry will send monthly invoices for any all applicable plan review and/or building/code enforcement services, to the attention and address set forth in Section 14 of this Agreement. Prairie Grove shall remit payment directly to McHenry for all such services invoiced within 30 days of the date on the invoice. Section 5: Insurance McHenry and Prairie Grove shall continue to procure and maintain, at their sole and exclusive expense, insurance coverage including Commercial General Liability with a minimum $1,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage and contractual liability. Each Village/City shall continue to procure and maintain on any vehicle owned by such respective Village/City, Business Automobile Liability with a minimum $1,000,000 combined single limit per accident for bodily injury and property damage and auto physical damage coverage for property damage to any owned vehicle, respectively. Each Village/City is solely responsible for its own Workers' Compensation and Employers' Liability coverage in amounts not less than $1,000,000 combined single limit per occurrence. Each City/Village shall provide to all other parties on an annual basis a Certificate of Insurance reflecting the coverage and amounts contained herein. McHenr Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.ilus Section 6: Waiver; Release; Indemnity McHenry agrees to defend, indemnify and pay for any and all costs associated with any complaint, claim or lawsuit alleging wrongful intentional or willful actions of any City of McHenry employee in the course of performing work for Prairie Grove including those involving vehicular accidents. However, Prairie Grove agrees to defend and pay for any and all costs associated with any complaint, claim or lawsuit alleging negligent conduct of any City of McHenry employee, in the course of performing work for Prairie Grove including those involving vehicular accidents. Section 7: Term The term of this Agreement shall commence on the date of execution and shall continue in full force for as long as the party's desire. Either party shall have the right to terminate this Agreement upon 30 days' written notice delivered by certified mail or in person to the other party. Prairie Grove shall be responsible for payment to McHenry for actual costs incurred through the proposed termination date. Said costs shall be based upon the contractual amounts cited above in Section 4 of this Agreement. Section 8: No Assignment. McHenry shall not assign this Agreement without the prior written consent of Prairie Grove. Section 9: Amendments; Waivers This Agreement and the rights created by this Agreement may not be amended, modified, or waived in any respect except by written agreement expressly referring to this Agreement and duly and validjy authorized, executed, and delivered by the Parties. Section 10: Relationship of the Parties Except as set forth herein, McHenry shall act as an independent contractor with respect to the provision of the Services pursuant to this Agreement. Nothing in this Agreement is intended, or shall be construed or applied, to create the relationship of principal and agent, partners, or joint ventures between McHenry and Prairie Grove. McHe Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry.il.us www. ci.mchenry.il.us Section 11: Governing Law. The parties agree that because this Agreement is to be performed in Illinois, the State of Illinois shall govern their relation in the interpretation of this Agreement, the State in which the Agreement has deemed to have been executed and delivered. Section 12: No Discrimination. No person shall legally be excluded from employment rights, participation and/or be denied the benefits of, the program which is subject of this Agreement on the basis of race, religion, color, sex, age, disability, or national origin. Section 13: Severability. The purposes of this Agreement are severable if any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, and such decision shall not affect the remaining, portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement forthwith, upon the delivery of written notice of termination of the other party. Section 14: Notices. All notices permitted regarding this Agreement shall be transmitted by personal delivery or by First Class, Certified, or Registered United States mail to the following persons at the addresses stated: To McHenry: Derik Morefield, City Administrator McHenry Municipal Center 333 S Green Street McHenry, IL 60050 To Prairie Grove: Jeannine M. Smith, Village Administrator Village of Prairie Grove 3125 Barreville Road Crystal Lake, IL 60012 McHenr Douglas Martin Community and Economic Development Department 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax:(815)363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Section 15: No Third Party Beneficiaries This Agreement is not intended to create any rights or benefits in or to any third parties. Section 16: Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements in negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. City of McHenry Village of Prairie Grove Susan E. Low, Mayor Stanley Q)Duda,"Village^resident Ja/iice\ Jones,£ity Clerk