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Ordinance 1997-14 i STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 1997 - (q AN ORDINANCE AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL COOPERATION AGREEMENT OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 AND THE UNITED CITY OF YORKVILLE FOR THE RECREATIONAL USAGE OF THE YORKVILLE COMMUNITY SCHOOL DISTRICT FACILITIES WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Intergovernmental Agreement between the Yorkville Community School District#115 and the United City of Yorkville pertaining to the use of School District facilities for recreational purposes be entered into by the City of Yorkville: and WHEREAS. said Agreement has been drafted and has been considered by the City Council; and WHEREAS, intergovernmental cooperation is authorized by 5 ILCS 220/1-220/7; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute. on behalf of the City, The Intergovernmental Cooperation Agreement Between the Yorkville Community School District #115 and the United City of Yorkville dated May 28'x', 1997. Section 2: That all previous agreements executed between the City and the School District are expressly rescinded and of no effect. 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 City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE on the—[—TAdNay of T"- , 1997. SIGNED and APPROVED by me, as Mayor, this\cf�day of , 1997. ATTEST: CITY CLERK (SEAL) x Afl, f MAY Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN BOARD OF EDUCATION OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115, KENDALL COUNTY,ILLINOIS AND UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS FOR THE RECREATIONAL USAGE OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT FACILITIES THIS AGREEMENT made and entered into this day of/ , 1997, by and between the Board of Education of Yorkville Community Unit School District 14o. 115, Kendall County, Illinois (hereinafter referred to as "School District") and the United City of Yorkville, Kendall County, Illinois (hereinafter referred to as "City"). WITNESSETH: WHEREAS,the School District is the beneficial owner of various school buildings; and WHEREAS,the City and School District have mutually determined that it would be in the best interests of the citizens of the community to be able to utilize various buildings of the School District's deemed available by the School District Superintendent, including but not limited to school gyms,restrooms, recreation rooms and storage areas (collectively referred to hereinafter as "Facilities ") during certain hours, when said building is not being used for educational purposes, for community recreational activities sponsored by the City; and WHEREAS, the School District has determined that the City's use of the Facilities for community recreational activities during these hours would not interfere with the School District's delivery of educational services to its students and residents, and has further determined that said usage may enhance the delivery of such educational services; and WHEREAS, this Intergovernmental Cooperation Agreement is authorized by the Illinois Constitution of 1970 and The Intergovernmental Cooperation Act of the State of Illinois,providing for the execution of agreements and implementation of cooperative ventures between public agencies of the State of Illinois (5 ILCS 220/1 et. seq.). NOW THEREFORE,in consideration of the foregoing,as well as the mutual covenants and agreements hereinafter set forth,the School District and the City hereby agree as follows: 1 I. FACILITY USAGE A. In consideration of the City's payment as specified in Section II.A.of this Agreement, the School District agrees to allow the City certain usages of the Facilities . The City shall be allowed to conduct its authorized recreational activities during those non-school hours when the Facilities are not required for the educational purposes of the School District, as hereinafter set forth. The City shall also be entitled to reasonable modes of ingress and egress to and from the Facilities and to the use of the School District's parking facilities during those time when it uses the Facilities. For purposes of this Agreement, "non-school hours" shall be defined as follows: 1. Weekdays ---4:00 p.m. to 10:00 p.m., Monday through Friday,throughout the school term. 2. Weekends--all day Saturday and Sunday, from 9:00 a.m. to 9:00 p.m., throughout the school term. 3. At other times, such as summer recess, as approved by the Superintendent of the School District. B. The School District and the City agree that there will be a need for dedicated space to store equipment for recreational programs. The School District agrees to dedicate and reserve a portion of storage for those needs if such space is available as determined by the School District Superintendent, and provide the City with keys to access that space as necessary. The City agrees to provide construction and/or installation assistance for shelving in that storage area, and will custom-make cabinets, shelves or other storage units for the room, as directed by the staff of the School District, and agreed to by both parties. C. It is understood and agreed that the City shall be allowed to conduct its recreational activities at the Facilities during the non-school hours set forth in sub-paragraph A above, subject to the provisions of Section D below. However, the needs of the School District will require its usage of the Facilities during non-school hours on certain days throughout the calendar year and School District-sponsored or related organizational activities shall be the first priority in the use of Facilities. It is understood that the City recreation programs will have second priority. Educational and other community activities shall follow without curtailment to the regular school program. To facilitate the scheduling of the School's usage of its Facilities, the School District and City will meet on a yearly basis to develop a master scheduling calendar for the following school year. This yearly schedule shall be completed no later than August 5,and shall be incorporated into the School District's Master Calendar. Once the master schedule has been developed, it will be the City's responsibility to schedule all events and functions that will take place in the Facilities during non-school hours as set forth in sub-paragraph A. 2 D. The School Board reserves the right to act as the final authority in determining the use of the Facilities where controversial issues are involved when it deems the action to be in the best interest of the School District. E. The School District and the City recognize and understand that this is a unique Agreement providing the optimum use by two public agencies of the physical facility being provided for the taxpayers of both agencies. It is,therefore, recognized by both the School District and the City that there will be need from time to time, for periodic review and modification of the schedule set forth above after formal adoption and execution of this Agreement. Such reviews shall take place as needed, at the request of either the School District or the City. It is also understood and agreed by the School District and the City that there may be occasions when either party may need to utilize the Facilities in order to accommodate special use, as needs arise. Therefore, upon a minimum of fourteen(14)days written notification,either party may request a modification of the usage schedule set forth above. By mutual consent of the parties, the schedule set forth above may be modified. If special circumstances make it impossible for either the School District or City to cancel or change the scheduled use, each party will work with the other to find an alternative date. Under these circumstances, both parties agree that the scheduled event shall take priority over any attempted change. Additionally, at those times when either the School District or the City has the Facilities for a particular activity but elects not to use the Facilities for that activity,this Agreement shall not preclude the other party's use of the Facilities for a function appropriate to its governmental purpose, upon written request to the other party for such use and receipt of written clearance for such use from the other. F. In entering into this Intergovernmental Cooperation Agreement,the City agrees that all students of the School District shall be considered residents of the City when registering for City programs conducted solely or primarily at the Facilities, so the School District's students may make maximum use of the services intended to be provided by this Intergovernmental Cooperation Agreement. G. In executing this Intergovernmental Cooperation Agreement and accepting its benefits,the City agrees that it shall use the Facilities solely for those activities which it properly and lawfully is authorized to sponsor or otherwise participate in. 3 II. OPERATIONAL COSTS A. The City shall pay to the School District an annual payment ("Annual Payment") of five thousand dollars ($5,000) for purchase, replacement, and or upgrades of the Facilities and equipment.Items will be determined by mutual decision.In addition,the City shall pay to the School District the daily cost("Daily Fee")of each Facility use,which is comprised of the actual cost of the use (i.e., electrical, heat, cooling)per four(4)hour period. The Annual Payment shall be due and payable on each anniversary of the effective date of this Agreement, beginning August 15, 1997. The School District shall invoice the City for the Daily Fee each month and the City shall pay the invoice within thirty (30) days of the date of the invoice. The School District reserves the right to change the Annual Payment to reflect increased costs in the purchase,replacement,and or upgrades of the Facilities and equipment upon written notice to the City no later than ninety(90) days prior to the end of any initial or renewal term. The City shall be billed the Annual Payment in effect on the first day of each renewal term. B. The School District agrees to provide reasonably required custodial services with a quality of maintenance equal to ongoing School District custodial services. It will be the responsibility of the City personnel to leave the Facilities in the same condition as they received it. Non-specialized cleaning of large areas, directly related to a scheduled use (i.e. sweeping) after use may be performed by employees of the City. Should the City fail to meet this standard which causes the School District to incur additional custodial costs, the City agrees to promptly reimburse the School District for these added expenses. For purposes of this Agreement, direct costs of custodial services shall include 1.75 times the highest custodial hourly salary of a School District custodian, plus all employment insurance,worker's compensation insurance, health insurance, life insurance, Illinois Municipal Retirement Fund contributions and other costs directly attributable to such custodial personnel. The Superintendent or his/her designee may waive this fee if a staff member has assumed full responsibility for the building in the same manner as a custodians and when in his/her opinion the staff member will be able to adequately supervise the use. C. The School District will provide the City with a key to the school to allow the City access to the school without the need of having a custodian or other School District personnel present. The City will be responsible for securing the school properly upon leaving. D. The parties understand and agree that, during the duration of this Intergovernmental Cooperation Agreement, the School District may become liable for certain repairs to and replacement of fixtures, furnishings and improvements to the Facilities. In this regard,the parties agree that the School District shall be responsible for and pay for such repairs and replacements which occur through normal use by the School District. If damage to the furnishings, fixtures and other improvements to the School are the direct result of City activity other than through normal wear and tear,the supervisor shall report the change to an official of the School District and file a report with both the School District and the City. Maintenance staff of the School District and the 4 City shall consult on the appropriate method to affect repairs. The City agrees that it shall promptly reimburse the School District for its direct cost of necessary repairs or replacements to the said furnishings, fixtures or improvements. Any request for reimbursement by the School District in this regard shall include a complete itemization of all damages sustained and costs incurred to repair or replace the furnishings,fixtures or improvements,including statements and/or bills for materials and services. If damage to the furnishings, fixtures and other improvements to the Facilities are the direct result of School District activity,the School District alone shall be responsible for the cost of necessary repairs or replacements of the said furnishings, fixtures or improvements so damaged. E. The City agrees to provide and assume, at its cost,personnel sufficient and necessary to properly schedule and supervise City activities at the School in accordance with the terms and conditions of this Agreement. F. It is understood by and between the parties that certain items of equipment provided by the City for its programs may,upon request of the School District,be utilized jointly for School District and City activities. The School District agrees to reimburse the City for the direct cost of repair or replacement of said equipment if such is damaged as a sole and direct result of the School District's usage of said equipment. Any request for reimbursement by the City in this regard shall include a detailed statement of all damages sustained and costs incurred,including statements and/or bills for materials and services necessary to correct such damage. G. The School District understands and agrees that it shall provide both property damage and liability insurance for the Facilities. The parties understand that the City shall be required at its own expense to purchase and maintain liability insurance in the amount of$3,000,000 for the Facilities and its usage thereof,including all School District property utilized or available to the City in connection therewith. The parties agree to maintain reasonable and appropriate amounts of insurance and shall review such insurance periodically at the request of either parry. In order to fully protect the parties herein, the City agrees that all policies of insurance purchased relative to the Facilities name the School District as additional insured. On or prior to the commencement of this Agreement,the parties shall provide each other with certificates of insurance, evidencing coverage as provided herein. III. TERM OF AGREEMENT A. The parties to this Intergovernmental Cooperation Agreement understand and agree that this Agreement shall commence the day and year first above written and shall continue in effect for five years. B. Either party may terminate this Agreement upon ninety(90) day prior written notice to the other prior to the end of the school year. 5 IV. MISCELLANEOUS PROVISIONS A. Any and all notices required hereunder to be sent to the School District shall be served in writing by United States certified mail, postage prepaid, return receipt requested, to the Superintendent of the Yorkville Community Unit School District No. 115,Kendall County,Illinois, at the following address: Superintendent of Yorkville Community Unit School District No. 115 507 West Kendall, Suite 4 Yorkville, Illinois 60560 or by personal delivery of any such notice delivered to an employee of the School District at its administration offices during the regular business hours of said offices. Said certified mail mode of notice shall be deemed received as of the second day after the envelope in which the same is mailed is post-marked. Any and all Notices required hereunder to be sent to the City shall be served in writing by certified mail,return receipt requested,to the Mayor of the City of Yorkville,Kendall County, at the following address: or by personal delivery of any such notice delivered to an employee of the City at its administration offices during the regular business hours of said offices. Said certified mail mode of notice shall be deemed received as of the second day after the envelope in which the same is mailed is post-marked. B. It is mutually understood and agreed that all agreements and covenants herein are severable and that in the event any of them shall be held to be invalid by any court of competent jurisdiction,this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. C. The agreements, covenants,terms and conditions herein contained may be modified only through written mutual consent of the parties hereto. 6 D. The City may not place any signs, cards or placards on a school or its adjacent property except as pre-approved by the School District in writing. E. The City will indemnify and hold harmless the School District, its Board members, employees, officers and agents, from and against any and all claims, demands, suits,judgments, costs and expenses (including attorneys' fees), which accrue or may accrue against the School District because of injury to or death of any person or persons or because of loss or damage to property, arising from the City's use of the Facilities except those caused by the negligent acts or omissions of the School District. F. Neither party may assign,transfer or otherwise convey its rights or obligations under this Agreement without the prior written consent of the other party. IN WITNESS WHEREOF,the parties have hereto set their hands and seals the day and year first above written. YORKVILLE COMMUNITY UNIT CITY OF YORKVILLE SCHOOL DISTRICT NO. 115, KENDALL COUNTY,ILLINOIS By: r/ By: , ✓z ti,.J� Supermte ent /)!y D �r// ATTEST: _4v L4 eL, ATTEST: . c 2 ,Y 1997 YOR115\realestMintergov.cln ��nwwww+nn OFFICIAL SEAL LNO�TARY RY LOU JANSEN PUBLIC,STATE OF ILLINOIS MISSION EXPIRES:07/23/99 V 7