Resolution 2018-03 Resolution No. 2018-03
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE
SHARING OF SERVICES, STAFF AND EQUIPMENT BETWEEN THE VILLAGE OF
OSWEGO,KENDALL AND WILL COUNTIES,ILLINOIS,THE UNITED CITY OF
YORKVILLE,]KENDALL COUNTY, ILLINOIS,THE VILLAGE OF MONTGOMERY,
KANE AND KENDALL COUNTIES,ILLINOIS AND THE VILLAGE OF SUGAR
GROVE, KANE COUNTY,ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois ("City") and the
Village of Oswego, Kendall and Will Counties, Illinois, the Village of Montgomery, Kane and
Kendall Counties, Illinois and the Village of Sugar Grove, Kane County, Illinois (the "Villages")
are duly organized and validly existing units of local government created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
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,the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.)provides that
any powers, privileges, functions or authority exercised or which may be exercised by a public
agency may be exercised, combined, transferred or enjoyed jointly with another public agency;
and,
WHEREAS, the communities of Oswego, Yorkville, Montgomery and Sugar Grove
experience variations in workload from time to time that may strain an individual community's
resources; and,
WHEREAS,many tasks require the same knowledge, expertise and equipment across
communities, and there are opportunities to share different knowledge, expertise and equipment;
and,
WHEREAS,the essential goal is that the City and Villages cooperate with one another
to provide high quality, cost effectives services to their respective residents.
Resolution No.2018-03
Page 1
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Intergovernmental Agreement for the Sharing of Services, Staff, and
equipment Between the Village of Oswego, Kendall and Will Counties, Illinois, the Village of
Montgomery, Kane and Kendall Counties, Illinois, the Village of Sugar Grove, Kane County,
Illinois and the United City of Yorkville, Kendall County, Illinois, attached hereto and made a
part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute
and deliver said Agreement on behalf of the United City of Yorkville.
Section 2. The Mayor, City Clerk, and City Administrator are hereby authorized and
directed to undertake any and all actions as may be required to implement the terms of said
Agreement.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
a3 day of J Ari!VAkY ,2018.
CITY CLERK
CARLO COLOSIMO Q�Q, _ KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER aye
CHRISFUNKHOUSER JOEL FRIEDERS OLye-
SEAVER TARULIS ALEX HERNANDEZ QVC
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
C93 day of J 490"y , 2018.
- )L
MA O
Attest
DE-PV Ty City Clerk
Resolution No.2018-03
Page 2
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF SERVICES,STAFF AND
EQUIPMENT BETWEEN THE VILLAGE OF OSWEGO,KENDALL AND WILL COUNTIES,
ILLINOIS,THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,THE
VILLAGE OF MONTGOMERY,KANE AND KENDALL COUNTIES,ILLINOIS,AND THE
VILLAGE OF SUGAR GROVE,KANE COUNTY,ILLINOIS
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") by and between
the Village of Oswego, Kendall and Will Counties, Illinois ("Oswego") a home rule municipal
corporation of the State of Illinois, the United City of Yorkville, Kendall County, Illinois
("Yorkville") a non-home rule municipal corporation of the State of Illinois, the Village of
Montgomery, Kane and Kendall Counties, Illinois ("Montgomery"), a non-home rule municipal
corporation of the State of Illinois, and the Village of Sugar Grove, Kane County, a non-home
rule municipal corporation of the State of Illinois, (sometimes collectively referred to as the
"Communities"or "Parties" or individually as "Community" or "Party") entered into this o?3
aol8
day of J A4 Uqi2 y , iat-7.
WITNESSETH:
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
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,the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.)provides that
any powers, privileges, functions or authority exercised or which may be exercised by a public
agency may be exercised, combined, transferred or enjoyed jointly with another public agency;
and,
Page 1 of 8
EXHIBIT A
WHEREAS, the Communities of Oswego, Yorkville, Montgomery and Sugar Grove
experience variations in workload from time to time that may strain an individual community's
resources; and,
WHEREAS, many tasks require the same knowledge, expertise and equipment across
Communities, and there are opportunities to share different knowledge, expertise and equipment;
and,
WHEREAS, the essential goal is that the Communities cooperate with one another to
provide high quality, cost effective services to their respective residents.
NOW, THEREFORE, in consideration of the mutual promises, obligations and
undertakings hereafter set forth,the Communities agree as follows:
Section 1. The foregoing preambles are hereby incorporated into this Agreement as if
fully restated in this Section 1.
Section 2. The Communities hereby designate their respective Village
Administrators ("Administrators") to coordinate with one another on an "as needed" basis, with
regard to the services required for the effective, efficient operation of municipal services. The
Administrators and/or their representatives shall advise each other of the date and time such
services are to be provided. The Communities shall independently determine whether they are
able to offer assistance for all or a portion of the requested duration. No Community shall be
obligated to provide assistance.
Section 3. Except when such assistance is requested under another intergovernmental
agreement or shared service program such as ILEAS, IPWMAN or similar, the Communities
shall agree to reimburse hourly wages plus employer-paid benefits, inclusive of IMRF and taxes
but exclusive of set-rate benefits including health insurance, for time worked assisting another
Page 2 of 8
EXHIBIT A
Community. The Communities shall provide an anticipated hourly rate for employees assisting
another municipality in advance of the shared service being initiated.
Section 4. Such shared staffing or service time may include remote assistance
through the use of various technologies, so that the employee may remain at his or her place of
employment to assist the other Communities. Time assisting another Community shall be tracked
in 15 minute increments and invoiced on a monthly basis to the requesting Community.
Section S. When on-site assistance or equipment is requested, the requesting
Community shall provide an anticipated time and duration for such shared service request.
Section 6. Any Workers' Compensation or Liability Claim arising in the course a
shared staffing period shall be paid by the Workers' Compensation Policy of the community with
whom the employee is employed on a regular basis.
Section 7. Nothing in this Agreement shall be deemed to change or alter the
jurisdiction of the Communities in any respect, including,their respective powers and duties.
Section 8. This Agreement and the rights of the Parties hereunder may not be
assigned (except by operation of law), and the terms and conditions of this Agreement shall inure
to the benefit of and be binding upon the respective successors and assigns of the units of
government as the Parties hereto.
Section 9. This Agreement shall be interpreted and enforced under the laws of the
State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought
in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall
be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction,
such provision shall, to the extent possible, be modified by the court in such manner as to be
valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such
Page 3 of 8
EXHIBIT A
modification is not possible, such provision shall be severed from this Agreement, and in either
case the validity, legality, and enforceability of the remaining provisions of this Agreement shall
not in any way be affected or impaired thereby.
Section 10. All notices required or permitted hereunder shall be in writing and may be
given by(a) depositing the same in the United States mail, addressed to the party to be notified,
postage prepaid and certified with the return receipt requested, (b) delivering the same in person,
or(c)telecopying the same with electronic confirmation of receipt
If to the Village of Oswego: Village Administrator
Village of Oswego
100 Parkers Mill
Oswego, Illinois 60543
With a copy to: David Silverman
Mahoney, Silverman and Cross
822 Infantry Drive, Suite 100
Joliet, Illinois 60435
If to the City of Yorkville: City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
With a copy to : Kathleen Field Orr
Kathleen Field Orr&Associates
53 West Jackson Blvd., Suite 964
Chicago, Illinois 60604
If to the Village of Montgomery: Village Administrator
Village of Montgomery
200 N. River Street
Montgomery, Illinois 60538
With a copy to: Laura M. Julien
Mickey, Wilson,Weiler, Renzi &Andersson,P.C.
140 S. Municipal Drive
Sugar Grove, Illinois 60542
Page 4 of 8
EXHIBIT A
If to the Village of Sugar Grove: Village Administrator
Village of Sugar Grove
10 S. Municipal Drive
Sugar Grove, Illinois 60554
With a copy to: Laura M. Julien
Mickey, Wilson,Weiler,Renzi &Andersson, P.C.
140 S. Municipal Drive
Sugar Grove, Illinois 60542
Or any such other person, counsel or address as any Party hereto shall specify pursuant to this
Section from time to time.
Section 11. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and both of which shall constitute one and the same Agreement.
Section 12. This Agreement represents the entire agreement between the Parties and
there are no other promises or conditions in any other agreement whether oral or written. Except
as stated herein, this Agreement supersedes any other prior written or oral agreements between
the Parties and may not be further modified except in writing acknowledged by each Party.
Section 13. Nothing contained in this Agreement, nor any act of any of the respective
Communities pursuant to this Agreement, shall be deemed or construed by any of the Parties
hereto or by third persons, to create any relationship of third party beneficiary, principal, agent,
limited or general partnership,joint venture, or any association or relationship involving any of
the Communities. Further, nothing in this Agreement should be interpreted to give any
Community control over the other's employees or imply a power to direct the employees of the
other government body, which neither entity may exercise.
Section 14. When performing pursuant to the terms of this Agreement, the
Communities intend that any injuries to their respective employees shall be covered and handled
exclusively by their jurisdiction's own worker's compensation insurance in place at the time of
Page 5 of 8
EXHIBIT A
such injury. It is further agreed that all employee benefits, wage and disability payments,
pension and worker's compensation claims, damage to or destruction of equipment, facilities,
clothing and related medical expenses of the Communities and their respective employees, which
may result from their activities under this Agreement, shall be the responsibility of the
jurisdiction which employs the employee making such a claim.
Section 15. The Parties will obtain and continue in force, during the term of this
Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or
changed without thirty(30) days prior written notice, given by the respective insurance carrier(s)
to the Communities at the addresses set forth herein. Before starting inspections hereunder, the
Parties shall obtain the following insurance at a minimum: (a) Worker's Compensation, in
compliance with the laws of the jurisdiction where the work is being performed, (b) Employer's
comprehensive general liability insurance for both personal injury and property damage in the
minimum amount of $1,000,000 for each accident, (c) Comprehensive business automobile
liability insurance in the minimum amount of $1,000,000 combined single limit, (d)
Comprehensive excess liability insurance with a combined minimum single limit of$1,000,000
for each occurrence, with a minimum $1,000,000 aggregate. Certificates of such insurance
detailing the coverage therein shall be available to the other party upon execution of this
Agreement. No Party waives its immunities or defenses, whether statutory nor common law by
reason of the indemnification and insurance provisions contained in this Agreement.
Section 16. This Agreement shall be in full force and effect for a period of three (3)
years from the date of the last signature below, and may be renewed upon agreement of the
Parties in writing; provided however, any Party may terminate this Agreement by providing
Page 6 of 8
EXHIBIT A
thirty (30) calendar days' advance written notice to the other Parties. In such a case, this
Agreement shall remain in full force and effect as to and between the remaining Parties.
Section 17. This Agreement may be amended only with written consent of all Parties
hereto.
Section 18. Oswego, Yorkville, Montgomery, and Sugar Grove each hereby warrant and
represent that their respective signatures set forth below have been, and are on the date of this
Agreement, duly authorized by all necessary and appropriate corporate and/or governmental
action to execute this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, Kendall County,
Illinois, a municipal corporation
By:
May
Attest:
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DEEPUT)r City Clerk :s4 - O'�� :
corporate
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Page 7 of 8
EXHIBIT A
Village of Oswego, Kendall and Will
Counties, Illinois, a municipal corporation
By:
``` a President
GE OF OS �,,----
Attest:
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COU '
Village Clerk 1111111101
Village of Montgomery, Kane and Kendall
Counties, Illinois, a municipal corporation
BY
Village President
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Attest: = J\�,LA GF
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Village Cl AinD wt
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Village of Sugar Grove, Kane County
Illinois, a municipal corporation
By: _
Village President
Attest:
Villag lerk '-'
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Page 8
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