Resolution 1995-01 ,I
Resolution # I
RESOLUTION TO ENTER INTO AN AGREEMENT
FOR APPLICATION AND COORDINATION SERVICES
FOR A COMMUNITY DEVELOPMENT ASSISTANCE PROGRAM (CDAP) GRANT
ON BEHALF OF THE CITY OF YORKVILLE
THIS AGREEMENT, made and entered into as of this Q LAi-day of -
19 by and between the City of Yorkville, Illinois (hereinafter referred to as
the "CITY" ) and the North Central Illinois Council of Governments, P. 0. Box 206,
Princeton, Illinois, 61356, (hereinafter referred to as the "COUNCIL" ) .
: W I T N E S S E T H :
WHEREAS, the City of Yorkville is desirous of entering into an Agreement with the
State of Illinois to provide for financial aid to the CITY under Title I of the
Housing and Community Development Act of 1974, as amended, for a public facilities
project; and
WHEREAS, pursuant to such AGREEMENT, the CITY has undertaken certain activities
necessary for the preparation of an Illinois Community Development Assistance
Program application and subsequent planning documents, if funded; and
WHEREAS, the CITY desires to engage the COUNCIL to render certain technical advice
and assistance in connection with such undertakings of the CITY; and
WHEREAS, the CITY desires to engage the COUNCIL to administer the grant if it is
funded.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SCOPE OF SERVICES - THE COUNCIL
The COUNCIL shall perform all the necessary services provided under this AGREEMENT
in connection with the Illinois Community Development Assistance Program (CDAP)
application preparation in a satisfactory manner, as determined by the CITY. The
COUNCIL, does not guarantee that its application services will result in grant
funding for the project. The COUNCIL, however, will make every effort to secure
funding for said program in cooperation with the CITY.
APPLICATION PREPARATION
1. Assist in obtaining and evaluating available demographic and income data in
order to assist the CITY in obtaining said State assistance.
2. Advise the CITY on strategies and activities most likely to result in
favorable review by the Illinois Department of Commerce and Community Affairs.
3. Assist the CITY in obtaining cost estimates for all CDAP activities,
including strategies to lower cost, wherever possible.
4. Advise the CITY on all possible avenues of financial packaging.
5. Assist the CITY in assembling the package identified above.
6. Attend the public hearing or hearings associated with the preparation of the
application and make presentations as required.
7. Attend CITY Council meetings and make presentations as requested.
S. Prepare, duplicate, and distribute the required number of copies of the
application.
9. Attend any State required site visits, if requested.
The COUNCIL shall perform the services hereunder as an independent contractor and
shall not be considered an employee or agent of the CITY for any purpose.
This AGREEMENT is personal between the CITY and the COUNCIL, and any assignment of
this AGREEMENT or of any of the funds due is expressly prohibited.
THE CITY AGREES TO pledge its support and assistance to the COUNCIL on an as needed
basis in the coordination of application activities on behalf of the CITY.
COST OF SERVICES
The COUNCIL will develop and submit the City of Yorkville's 1995 Community
Development Assistance Program grant application for a lump sum fee of $700.00
which will be due within thirty (30) days of application submission. If said
application is not submitted, the CITY and the COUNCIL will mutually determine, in
writing, any payments which may be due.
This AGREEMENT shall be interpreted and construed according to the laws of the
State of Illinois.
OTHER PROVISIONS
1. Termination: This AGREEMENT shall be terminated if the COUNCIL ceases to
exist as an organization under Illinois law and other related provisions.
In the event that this happens, this termination will be effective as of
the COUNCIL's dissolution with the CITY being duly notified in writing.
This AGREEMENT may also be terminated if the CITY and the COUNCIL mutually
agree in writing, that the objectives of this AGREEMENT cannot be met.
The CITY and the COUNCIL will mutually determine, in writing, any payments
which may be due in the event of termination under this AGREEMENT.
2. COUNCIL Not Liable: The CITY shall hold the COUNCIL harmless from any
and all claims, demands, and actions based upon or arising out of any
services performed by the COUNCIL, its officers, its employees, their
associates, and their employers under this AGREEMENT.
AMENDMENT CLAUSE
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto, and no
changes in or additions to said AGREEMENT shall be valid unless in writing signed
by the parties hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
YORKVILLE that this AGREEMENT be adopted by the City of Yorkville and the Mayor and
City Clerk are hereby authorized to execute said AGREEMENT.
Passed and adopted this ),\AAUh- day of )� , 19�?
IN WITNESS WHEREOF, the CITY and the COUNCIL have executed this AGREEMENT as of the
date first above written.
FOR THE CITY: FOR THE COUNCIL:
Ke eth Kittoe, . , major Larry L ghty, Presi nt
ATTEST: ATTEST:
LA k MA � �n 'w
cqu line Allison, City'Clerk Robert May, Secre ry
(SEAL) (SEAL)