INTERGOVERNMENTAL AGREEMENT

This Agreement is between the ______________, hereafter the___________, and the ___________ of ____________, hereafter the____________.

WHEREAS, the __________ and ___________ desire the benefits of mutual building department assistance to provide emergency inspection services for the purposes of damage assessment to each other: and

WHEREAS, the parties are empowered to enter into this Agreement pursuant to Article VII, Section 10 of the 1970 Illinois Constitution and 5 ILCS 220-1

NOW, THEREFORE, it is agreed as follows:

1. PURPOSE OF THIS AGREEMENT. For the purpose of making requests for assistance, The Chief Administrative Officer of one party to the other party, is empowered to request assistance without advance notice from the other unit when it reasonably appears that an emergency or situation of unusual hazard exists, or when the requesting agency gives adequate notice under the circumstances that unusual occurrences of a non-emergency nature require assistance.

2. REQUEST FOR AID. Such requests may be made by the Chief Administrative Officer or their authorized representative, to the Chief Administrative Officer or their authorized representative of the responding community. The responding community shall send the qualified inspection personnel requested, provided such personnel can reasonably be spared from required duty at the time of such request, as determined by the responding community. Refusal or delay in sending the requested personnel or equipment to the requesting community shall not create or cause any liability.

3. CONTROL OVER PERSONNEL. Inspection personnel reporting for duty to the requesting unit shall have the powers of the inspection personnel of the requesting unit, and while responding, are subject to the direction of the commanding officer of the requesting unit.

4. RADIO COMMUNICATIONS. The requesting agencys radio frequency and communications center shall be the primary communication mode for all units and personnel responding to a request for aid.

5. WAIVER OF CLAIMS AND SAVE AND HOLD HARMLESS. Each party to this Agreement waives all claims against the other party for all losses and damage arising out of or caused by the other partys performance or failure to perform under this Agreement. Each party to this Agreement hereby agrees to save and hold harmless and defend the other party and its officials and employees from and against all claims and liability for loss, damage, injury or death arising out of acts, efforts or omissions caused by or attributable to its own employees. Each party to this Agreement agrees to save and hold harmless the other party from and against all claims for liability arising under the Illinois Workers Compensation Act or the Illinois Occupational Diseases Act for injuries to its own employees.

6. MINIMUM INSURANCE REQUIRED. Each party to this Agreement shall, during the entire term hereof, procure and maintain sufficient coverings on the following, (or have proof of membership in a risk pool which contains essentially the following), or if self-insured, have financial evidence providing for the following:

a. Subject to paragraph (f) below, comprehensive general liability insurance with limits of not less than one million dollars ($1,000,000.00);

b. Subject to paragraph (f) below, code officials liability insurance with limits of not less than one million dollars ($1,000,000.00);

c. Subject to paragraph (f) below, public officers liability insurance, applicable to all elected and appointed officials, insuring the acts and omissions of such officials, with limits of not less than one million dollars ($1,000,000.00); and

d. Subject to paragraph (f) below, automobile liability insurance with limits of not less than one million dollars ($1,000,000.00); and

e. Subject to paragraph (f) below, workers compensation insurance to accordance with Illinois Law.

f. If self-insured or member of a risk pool, an umbrella excess liability insurance policy, or some other form of acceptable financial guaranty, for not less than five million dollars ($5,000,000.00) aggregate for all of the above.

Each party will provide to the other party, upon request, certificate of insurance in a form acceptable to the requesting party, evidencing the existence of such insurance or equivalent protection.

7. COSTS. The responding unit assumes and agrees to pay all compensation for any of its inspection personnel while performing duties in the other unit, including but not limited to wages, compensation or overtime hours of employment, medical payments due to injury, death benefits and damage to its own property or equipment. No party shall be reimbursed by the other party to this agreement for any costs incurred pursuant to this agreement unless the party having jurisdiction for the disaster receives reimbursement from a third party, in which event parties incurring costs, including the party have jurisdiction, shall be reimbursed on a proportional basis based upon the amount of costs incurred.

8. RELIEF AND RECALL. The responding inspection officials may be relieved from mutual aid duty at the discretion of the officer in charge of the requesting unit at any time. The responding units officer in charge has the right to recall the responding officials if, in their opinion, they are needed in the responding unit.

9. The building departments, inspectors and personnel of all participating units are invited and encouraged to frequently visit each others facilities for familiarization tours, and to jointly conduct training sessions and hypothetical disaster exercises.

10. This Agreement may be amended from time to time as agreed by the parties.

11. ACCEPTANCE. Acceptance of this master agreement constitutes a mutual and reciprocal agreement with all other municipalities that have already accepted the agreement and constitutes a continuing offer to extend such mutual and reciprocal agreement to all municipalities that accept its terms in the future, provided however, any municipality can withdraw at any time effective upon the receipt of its written notice of withdrawal at the Master Center.

Returning one signed copy of this agreement to Master Center shall constitute acceptance of this agreement as a mutual and reciprocal agreement among all municipalities that have returned a signed copy to Master Center, and all municipalities that return a signed copy to Master Center in the future, provided however, any municipality may withdraw at any time upon receipt of a written notice of withdrawal.

Master Center is defined as the person or office set forth below or such person or offices successor as designated by the former Master Center or, if no such person or office is designated, then the person or office designated by the most senior member of those municipalities that have entered into this agreement which are in good standing.

12. This Agreement shall be in effect commencing on the ________ day of __________, 2000.

City,Village,Town,County of _________

_________________________________

(Name)

(Title)

ATTEST:

___________________________

(Name) (Title)

City,Village,Town,County of

________________________________

(Name) (Title)

ATTEST:

___________________________

(Name) (Title)