Loading...
Resolution 2021-01 Resolution No.2021-01 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE KENDALL COUNTY BOARD OF HEALTH AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILC S 5/65-1-1-2, et seq.); and, WHEREAS,pursuant to Section 5-25013 of the Illinois Counties Code(55 ILCS 511-1001 et seq.) the Kendall County Board of Health (the "Board") is authorized by law to initiate and carry out programs and activities of all kinds, not inconsistent with law, that may be deemed necessary or desirable in the promotion and protection of health and in the control of disease including tuberculosis; and, WHEREAS,given its statutory authority,the Board has been tasked by the State of Illinois to coordinate the vaccination program of Kendall County against the coronavirus known as COVID-19 in accordance with the State of Illinois COVID-19 Vaccination Plan; and, WHEREAS, the Board has requested and the City has agreed to permit the Board to use a portion of its building located at 651 Prairie Pointe Drive (the "Premises") to provide such vaccinations,pursuant to the Intergovernmental Agreement attached hereto; and, WHEREAS,the Board has also agreed to name the City as an additional insured under its liability insurance coverage in consideration of the City's permission to use the Premises for the aforesaid purpose. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Resolution No.2021-01 Page 1 Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. The Intergovernmental Agreement between the Kendall County Board of Health and the United City of Yorkville , Kendall County, Illinois, in the form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk are hereby authorized to execute said Agreement. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 121h day of January, A.D. 2021. 0� CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, enda County, Illinois this /3'thday of J AA!UAR% , A.D. 2021. MAYOR Attest: CITY CLERK Resolution No.2021-01 Page 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE KENDALL COUNTY BOARD OF HEALTH AND THE CITY OF YORKVILLE FOR COVID-19 VACCINATION CLINICS The Kendall County Board of Health("Board")and the City of Yorkville, Illinois, ("City"), collectively, the "Parties", hereby enter into this Intergovernmental Agreement ("IGA') for COVID-19 vaccination clinics and agree as follows: 1. By this IGA, City grants the Board only a non-exclusive contractual license for the Kendall County Health Department ("Department") to use the first floor and parking lot of the City's building located at 651 Prairie Pointe,Yorkville,Illinois, ("Premises")to administer COVID-19 vaccinations ("Vaccination Clinic") only under the terms and conditions stated herein and for no other purpose. Nothing in this IGA shall be construed to convey to the Board or the Department any legal or equitable interest or estate in the Premises. 2. Vaccination Clinics shall be held from January 07, 2021 through June 30, 2021 only on days mutually agreed to by City and Kendall County Health Department Executive Director RaeAnn Van Gundy. The Vaccination Clinics shall take place in the Premises in those areas mutually agreed to by the City and RaeAnn Van Gundy. 3. The Board shall bear sole responsibility for all Vaccination Clinic costs. 4. The Board and the Department shall ensure the Vaccination Clinics comply with all local ordinances and applicable state and federal laws. 5. Insurance. Each Party shall, at all times during the term of this IGA and any renewals, maintain general liability insurance, whether through a commercial policy or a program of self- insurance with minimum limit of$1 million per claim or occurrence and $2 million aggregate. Each Party shall comply will applicable state laws governing workers' compensation and mandatory insurance for vehicles. Upon request, each Party shall provide to the other a certificate of insurance evidencing the coverage and limits required by this Section. 6. Liability. No member, trustee, official, officer, director, employee or agent of either Party shall be individually liable to the other Party in connection with this IGA. It is understood and agreed that neither Party to this IGA shall be liable to the other Party for any negligent acts, either of commission or omission, unless such liability is imposed by law. 7. Set up for a Vaccination Clinic may begin at any time on the day a Vaccination Clinic is scheduled to take place. The Department may store non-sensitive materials at the Premises overnight. 8. The Parties agree that there will be no payments and expenditures for the use of the Premises. 9. The Board and the Department shall secure and shall be responsible for the cost and implementation of all traffic control measures and other health and safety measures necessary for the Vaccination Clinics. 10. Neither the Board nor the Department shall make any physical changes to the Premises. 11. City reserves the right to continue to use the Premises for any and all lawful purposes arising from the ownership of the Premises. 12.The Board's obligations under this IGA may not be assigned or transferred to any other person,firm,or corporation without City's consent. Any attempt to assign or so transfer without consent shall be void and without legal effect and shall constitute grounds for termination. 13.The Board, its officers, employees, and agents agree not to commit unlawful discrimination and agree to comply with all applicable provisions of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Section 504 of the Federal Rehabilitation Act, and all applicable rules and regulations. 14.It is understood and agreed that Board is not an employee of, partner of, agent of, or in a joint venture with City. The Board understands and agrees that the Board is solely responsible for paying all wages, benefits and any other compensation due and owing to the Board's and Department's officers, employees, agents and vendors for the performance of services set forth in the IGA. 15. Freedom of Information Act. This IGA and all related public records maintained by, provided to or required to be provided by the Parties, are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this IGA. 16.This IGA shall be interpreted and enforced under the laws of the State of Illinois. 17. If any provision of this IGA shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this IGA is invalid or unenforceable, but that by limiting such provision it becomes valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The waiver of one breach of any term, condition, covenant or obligation of this IGA shall not be considered to be a waiver of that or any other term, condition, covenant or obligation or of any subsequent breach thereof. 18.This IGA represents the entire agreement between the parties as to the subject matter herein and there are no other promises or conditions in any other agreement whether oral or written. This IGA supersedes any prior written or oral agreements between the parties and may not be modified except in writing acknowledged by both parties. This IGA may be modified or amended by mutual agreement of the Parties, expressed in writing and signed by the Parties. IN WITNESS WHEREOF, the Parties have caused this Intergovernmental Agreement to be executed by their duly authorized representatives on the date signed. Kendall County Board of Health City of Yor , Illinois ,� LI Date: v �� o�%� Date: