Title
Joint resolution approving an amendment to an Intergovernmental Agreement with the Village of Lindenhurst for the Lake County Department of Planning, Building and Development to provide plan review and inspection services for the Village.
Staff Summary
• The Department has had a long standing Intergovernmental Agreement (IGA) with the Village for building plan review and inspection services.
• The current agreement fee structure (Lake County receives 50 percent of the permit revenue) has consistently raised challenges from an accounting and administrative standpoint.
• The proposed agreement brings the IGA in line with a majority of the Department’s current IGA’s which use an hourly rate fee structure, and has been evaluated by PBD and FAS to include all costs associated with providing the services.
Body
RESOLUTION
INTERGOVERNMENTAL AGREEMENT
FOR
BUILDING INSPECTION AND DEVELOPMENT REVIEW
FOR THE VILLAGE OF LINDENHURST, ILLINOIS
This agreement made and entered into this ____________ day of ____________, 2017 by and between the County of Lake, a body politic and corporate hereinafter referred to as the “County”, and the Village of Lindenhurst, a municipal corporation within the boundaries of the County of Lake, hereinafter referred to as the “Village.”
WHEREAS, both the County and the Village are governmental entities within the State of Illinois vested with the responsibility and authority to enforce and uphold building, fire, and safety codes and other related services in their respective jurisdictions; and
WHEREAS, both the County and the Village are authorized by the terms and provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/5, to enter into intergovernmental agreements, ventures and undertakings to perform jointly any governmental purpose or undertaking either of them could do singularly; and
WHEREAS, pursuant to an Intergovernmental Agreement dated June 14, 2010 (the “2010 Intergovernmental Agreement”) the County has been providing plan review and inspection services in building, fire, and safety code enforcement for the Village; and
WHEREAS, the County can continue to provide said services; and
WHEREAS, the County and the Village are desirous of establishing a transition for the payment of fees due under the 2010 Intergovernmental Agreement; and
WHEREAS, the Village and the County desire that as of the effective date of this Agreement, except as necessary to cover the closure and payment of fees of projects pending under the 2010 Intergovernmental Agreement, the 2010 Intergovernmental Agreement shall be terminated.
NOW THEREFORE, in consideration of the foregoing recitals, which are fully incorporated herein as though fully set forth, and the covenants contained herein the Parties hereby agree and covenant as follows:
Section I.
The COUNTY agrees to:
1. Provide staff to perform residential and non-residential plan review and inspection services for all aspects of the building permit process, as requested by the Village. This includes support for all electrical, plumbing, mechanical, and structural trades. Plan Review Services - completed and returned within five (5) business days for Residential, nine (9) business days for non-residential and multi-family alterations, and fifteen (15) business days for new non-residential and multi-family. Subsequent reviews - completed within five (5) business days. The return date will be calculated starting from the first day after the plans are actually received by the County inspector.
2. Provide the Village reports of permit and inspection activity monthly.
3. At the request of the Village, perform drive-bys and check-ins on reported violations with customers working on projects without permits. The County shall provide compliance assistance directing customers to the Village for application. The County will also function as a resource for any questions related to a code enforcement case.
4. Invoice the Village monthly for services with reports of activity.
5. Not bill the Village any additional fees for projects initiated under the 2010 Intergovernmental Agreement. The 2010 Intergovernmental Agreement projects are identified in Exhibit A attached hereto.
Section II.
The VILLAGE agrees to:
6. Pay the County for any outstanding permit fees due on projects the County reviewed under the 2010 Intergovernmental Agreement, identified in Exhibit A, using the payment method identified in that Agreement.
7. Provide County notice of pending work which may include applications or inspection requests submitted to the Village.
8. Be responsible for zoning, engineering, and the coordination of fire department reviews on applicable applications.
9. Provide the County a workspace and inbox for any work to be completed.
10. Provide a main Village contact for issue resolution and necessary administrative staff to support the program and partnership.
11. Unless otherwise agreed to by County and Village designated representatives, handle all inspections and plan reviews for existing and proposed elevators and similar conveyances.
12. Handle coordination of all plans, permit applications, and inspections with applicable Fire Protection Districts.
Section III.
Both Parties agree that:
13. The following fee schedule applies to this Agreement:
|
SERVICE |
FEE TO BE PAID TO COUNTY |
|
Building inspections |
Billed at an hourly rate of $67.00 per hour (includes scheduling, travel and inspection time). |
|
Development review |
Billed at an hourly rate of $67.00 per hour. |
|
General assistance (for customer questions/code enforcement assistance, etc.) |
Billed at an hourly rate of $67.00 per hour. |
14. Working times and days will be agreed upon by the County and Village designated representatives. Services provided outside of the regular working hours of 7:30 a.m. to 4:30 p.m., will be paid at 1½ times the hourly rate.
15. At the request of the Village, the County will provide staff to be present at the VILLAGE office to receive and answer any and all questions regarding permits and applicable ordinances at times and in a manner established by mutual agreement of the designated representatives of the Village and the County.
16. All notices to the County shall be sent to:
Matthew Meyers
Central Permit Facility
Planning, Building and Development Department
500 Winchester Road
Libertyville, IL 60048
All notices to the Village shall be sent to:
Village Administrator
Village of Lindenhurst
2301 East Sand Lake Road
Lindenhurst, IL 60046
17. This Agreement shall be in full force and effect upon full execution. The Agreement shall be valid for two (2) years from the date of the latest signature, with a two (2) year automatic renewal. Either party may terminate this Agreement for any reason upon sixty (60) days written notice.
18. For any and all injuries, losses, claims, suits, costs, expenses and judgments which may accrue against the County or the Planning, Building & Development Department as a consequence, or to have arisen out of, or in connection with building inspection, development review, site drive-bys or check-ins, or any services provided by the County and/or the Planning, Building & Development Department under the terms of this agreement, the Village shall indemnify and hold harmless the County, including the Planning, Building & Development Department, its agents, officials and employees. For all other injuries, losses, claims, suits, costs, expenses and judgments, each party shall indemnify and hold harmless the other, including its departments, its agents, officials and employees from and against all injuries, losses, claims, suits, costs, expenses and judgments which may accrue against the parties or their departments as a consequence, or to have arisen out of, or in connection with any services provided by the either party and/or their departments. The foregoing indemnities shall apply except if such injury, loss, or damage is caused directly by the willful and wanton conduct of either parties’ agents, officials, or employees.
19. The foregoing constitutes the entire Agreement between the parties, and no verbal statement shall supersede any of its provisions. This Agreement may be amended by mutual agreement, signed and executed with the same formality with which this instrument was executed. Both Parties agree that a new agreement will be negotiated at the time the County’s new permitting system is live.
20. This Agreement may be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute one and the same Agreement.
IN WITNESS WHEREOF, the County of Lake, by a Resolution duly adopted by the County Board of Lake County, causes this Agreement to be signed by its Chairman and its Department of Planning, Building and Development Director and attested to by its Clerk and the Village of Lindenhurst, by approval of its Board has caused these presence to be executed by the Mayor of the Village Board and attested to by its Clerk all on the day and year hereinafter written.
Dated this ____ day of _____________, 2017.
COUNTY OF LAKE
By: ______________________________
Aaron Lawlor, Chairman
Lake County Board
By: _____________________________
Eric Waggoner, Director
Lake County Planning, Building and
Development Department
Attest:
__________________________________
Carla N. Wyckoff, County Clerk
Dated this ____ day of ___________, 2017
VILLAGE OF LINDENHURST
By: _______________________________
Dominic Marturano, Mayor
Attest:
___________________________________
Patty Istvanek, Village Clerk
Dated this ____ Day of ___________, 2017.