Resolution 1997-05 s
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL)
RESOLUTION NO. 1997- 0.5
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF YORKVILLE AND THE YORKVILLE PUBLIC LIBRARY
WHEREAS, it is in the best interest of the YORKVILLE PUBLIC LIBRARY, Kendall
County, Illinois, that the Library enter into an Intergovernmental Agreement pertaining to the powers
and duties of the City of Yorkville and the Yorkville Public Library; and
WHEREAS, said Agreement has been drafted and has been considered by the Board of
Trustees of the Yorkville Public Library; and
WHEREAS, the Board of Trustees of the Yorkville Public Library are ready, willing and able
to enter into said Agreement and to perform the obligations as required hereunder; and
WHEREAS, Illinois Law allows for the cooperation between government entities under
Illinois Constitution Article VII § 10 and 5 ILCS 220/1 et. seq.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
YORKVILLE PUBLIC LIBRARY, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the President and Secretary are herewith authorized and directed to execute
on behalf of the Library, the Intergovernmental Agreement between the Yorkville Public Library and
the City of Yorkville setting forth the obligations and duties of the City and the Library with respect
to the operations of the Library and the Library building and grounds.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED at a regular meeting of the Board of Trustees of the YORKVILLE PUBLIC
LIBRARY on the Day of 12 J'' 1997.
SIGNED and APPROVED by me, as President this.22rid day of , 1997.
PRESIDENT
ATTEST:
SECRETARY
(SEAL)
Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge St.
Yorkville, Illinois 60560
630.553.9500
F:\CLIENTS\CITYOFYO\RESOLUTN.IRRARY2
4/17/97
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this I" day of
May, 1997, pursuant to authority of the Illinois constitution and State Statutes, between the
United City of Yorkville an Illinois municipal corporation, (hereinafter referred to as the"CITY")
and the Board of Library Trustees of the Yorkville Public Library (hereinafter referred to as the
"LIBRARY"), a public library under the Illinois Local Library Act.
RECITALS
WHEREAS, the LIBRARY is a public library pursuant to the Illinois Local Library Act,
75 ILCS 5/1-0.1 et seq. And as such has certain powers as described in said Act; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970
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. Intergovernmental cooperation is further authorized by 5ILCS 220/1-
220/7; and
WHEREAS, 75 ILCS 5/4-7(8) authorizes public libraries to contract with public
corporations for the purposes of performing acts and carrying out the responsibilities, spirit and
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provisions of the Illinois Local Library Act; and
WHEREAS, it has been determined by the CITY and the LIBRARY that this
Agreement would be beneficial to the welfare of the CITY and LIBRARY; and
WHEREAS, the CITY is the owner of all the real estate and improvements on which
the Library building is now located commonly known as 902 Game Farm Road, Yorkville, Illinois
in which the LIBRARY is the sole occupant; and
WHEREAS, the CITY levies taxes for LIBRARY purposes and performs other
functions and services for the LIBRARY in accordance with applicable laws; and
WHEREAS, the parties agree it is appropriate for the LIBRARY and the CITY to
enter into an inter-governmental agreement governing the relationship between the parties as to
those things contained in this Agreement.
IT IS, THEREFORE, AGREED by and between the CITY and the LIBRARY, in
consideration of the welfare of City residents, and the mutual covenants contained herein, as
follows:
1.0 RECITALS
1.1 The above recitals are substantive and are incorporated herein by reference.
2.0 EMPLOYMENT
2.1 At all times LIBRARY employees shall remain employees of the LIBRARY and
not the CITY under 75 ILCS 5/4-7(7). The CITY shall have no obligation to compensate
LIBRARY employees, or to provide LIBRARY employees with any employee-related benefits or
services other than by and through this Agreement from the effective date of the Agreement
forwarded.
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3.0 SERVICE TO BE RENDERED BY THE CITY FOR THE LIBRARY.
3.1 The CITY shall administer the LIBRARY's payroll.
3.2 The CITY shall administer the LIBRARY's unemployment compensation program.
3.3 The LIBRARY may purchase health, dental, vision, and life insurance benefits from
the CITY for eligible LIBRARY employees, as determined by the Library Board, under the terms
of the CITY's health, dental, vision, and life insurance benefit plans; or may in its discretion
acquire its own plans for such purposes.
3.3.1. The LIBRARY and/or its employees shall pay the CITY its costs of providing
health, dental, life insurance for CITY employees, for each eligible LIBRARY employee if
covered under the City Plan. Employment compensation to be paid by the CITY.
3.3.2. The CITY shall provide administrative services for the LIBRARY in regards to the
applicable health, dental and life insurance benefit plans.
3.3.3. With respect to insurance benefits purchased by the LIBRARY from the CITY, the
Library retains the discretion and authority to allocate the cost between the LIBRARY and the
Library employees the cost of the benefits which the LIBRARY purchases from the CITY,
consistent with the CITY's Policy on such allocation.
3.4. The CITY may include LIBRARY employees in any and all voluntary tax deferred
investment benefit plans, in addition to the Illinois Municipal Retirement Fund ("IMRF"), the
CITY participates in on behalf of CITY employees, provided such inclusion does not disqualify
the plan from its tax-exempt status.
3.5. The CITY shall provide administrative services to the LIBRARY for LIBRARY
employees participating in the IMRF, and any Voluntary Tax Deferred Investment Benefit Plans
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in which LIBRARY employees participate.
3.6. The CITY shall administer flexible compensation for dependent care and health
reimbursement on behalf of LIBRARY employees.
3.7. The CITY shall allow LIBRARY employees to apply for positions with the CITY as
if they were internal applicants.
3.8. The CITY shall perform accounting and (M.I.S.) services for the LIBRARY,
including, but not limited to, processing based on the LIBRARY director's instructions for the
LIBRARY's accounts payable.
3.9. The CITY shall include the LIBRARY in its annual and other auditing services.
3.9.(a) The LIBRARY should provide their own bonding services.
3.10. Each party shall extend to the other the benefits of cooperative purchases and
programs in accordance with the existing policies of each.
3.11. The CITY shall maintain separate monetary funds on behalf of the LIBRARY
including the following funds: (1) Library Money Market Account, (2) Library Building
Expansion Fund Account, (3) Library Checking Account. The CITY shall invest the monies
contained in said funds. Interest income from said funds, if applicable, shall be paid to the
LIBRARY funds in said accounts. The CITY shall prepare a monthly financial report for the
LIBRARY which shall show the status of each fund.
3.11(a) CITY shall maintain the Library Director's file, the remainder of the
LIBRARY personnel file shall be kept by the LIBRARY. CITY shall keep all
Board Meeting Minutes, agendas and Executive Session Minutes. The CITY is to
PROVIDE all mowing and landscaping, maintain the interior and exterior of the
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building, excluding daily custodial work. The City shall further maintain the
parking lot, provide for building inspection yearly by City Building Inspector,
supply and maintain lights, flags, picnic tables, and Library sign. In addition
thereto the City shall provide City Sewer and Water at no charge. The LIBRARY
shall provide all daily janitorial maintenance of the building at its own expense.
The LIBRARY shall pay all other utility costs i.e. electric, gas, and telephone.
3.12. The CITY shall perform de-icing and snow removal services at the LIBRARY,
including the parking lot and its entrance ways, exit ways, and public sidewalks.
4.0. AMENDMENTS AND MODIFICATIONS
4.1. This Agreement may be modified or amended from time to time by the CITY and the
LIBRARY, provided, however, that no such amendment or modification shall be effective unless
reduced to writing, duly authorized, and signed by the MAYOR and the appropriate officers of
the LIBRARY BOARD.
5.0. SAVINGS CLAUSE
5.1. If any provision of this Agreement, or the application of such provision, shall be
rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any
steps, actions or results, the remaining parts or portions of this Agreement shall remain in full
force and effect.
6.0. TERMS AND RENEWAL
7.0. This Agreement shall be year-to-year and shall automatically renew unless it is
terminated pursuant to the provisions of.
8.0. TERMINATION
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8.1. Either party may terminate the provision of one or more of the services to be
provided to the LIBRARY by the CITY as set forth in this Agreement, including termination of
this entire Agreement, effective at the end of the CITY's fiscal year, which shall be April 30,
unless otherwise mutually agreed.
8.2. Notice of termination by either party to this Agreement must ;be made in writing and
shall be effective upon receipt of 90 days written notice of;the effective date of said termination
from the terminating party. Mailing of such notice as and when above provided shall be
equivalent to personal notice and shall be deemed to have been given at the time of mailing.
9.0. NOTICE
Any notice required to be given by this Agreement shall be deemed sufficient if made in
writing and sent by certified mail, return receipt requested, or personal service to the persons and
addresses indicated below or to such addresses and persons as either party hereto shall notify the
other party of in writing pursuant to the provisions of this subsection:
CITY ADMINISTRATOR
UNITED CITY of YORKVILLE
111 W. Fox St., Suite 3
Yorkville, IL 60560
LIBRARY DIRECTOR
YORKVILLE PUBLIC LIBRARY
902 GAME FARM ROAD
YORKVILLE. IL 60560_
10.1. Mailing of such notice as and when above provided shall be equivalent to personal
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notice and shall be deemed to have been given at the time of mailing.
11.0. ENTIRE AGREEMENT
11.1. This Agreement sets forth all the covenants, conditions and promises between the
parties. There are no covenants, promises, agreements, conditions or understandings between the
parties, either oral or written, other than those contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
by their duly authorized representatives on the day and date first written above.
UNITED CITY OF YORKVILLE BOARD OF LIBRARY TRUSTEES
OF THE UNITED CITY OF
YORKVILLE
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By: Mayor By: G A I l.- S. G A E B L E R
Its: 11--)12E51 DE SIT
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ATTEST ATTEST
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