Resolution 2021-06 Resolution No.2021-06
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OSWEGO,THE UNITED CITY OF YORKVILLE,
THE VILLAGE OF MONTGOMERY AND KENDALL COUNTY
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), the
Village of Montgomery, Kane and Kendall Counties, Illinois (the "Village") are duly organized
and validly existing municipalities 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 ILCS
5/65-1-1-2, et seq.); and,
WHEREAS, the Village of Oswego, Kendall County, Illinois ("Oswego")is a duly
organized and validly existing home rule municipality pursuant to Article VII, Section 6(a)of the
Constitution of the State of Illinois; and,
WHEREAS,the County of Kendall,Illinois(the"County")is a duly organized and validly
existing unit of local government pursuant to the Illinois Counties Code, 55 ILCS 5/1-1 et seq.;
and,
WHEREAS,the City,Village,Oswego and the County(the"Parties")have come together
for the purpose of sharing the cost of services to be rendered to them by Elevate Government
Affairs for the purpose of engaging and educating elected representatives and state agencies about
the region's need for the expansion of Metra services and improvements to water infrastructure
projects,pursuant to the Intergovernmental Agreement approved on January 12, 2021; and,
WHEREAS,changes have been made to the Intergovernmental Agreement by the County
which the other Parties have reviewed and find acceptable and are prepared to approve as
hereinafter provided.
Resolution No.2021-06
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. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Section 2. The revised Intergovernmental Agreement between the Village of Oswego,the
United City of Yorkville , the Village of Montgomery and 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.
Section 3. Resolution No. 2021-02 passed on January 12, 2021, by the Mayor and City
Council is hereby repealed.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
23`d day of February,A.D. 2021.
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 Yorkvill ndall County, Illinois
this �' day of MARCI4 , A.D. 2021.
MAYOR
Attest:
G�
CITY CLERK
Resolution No.2021-06
Page 2
STATE OF ILLINOIS )
SS.
COUNTY OF KENDALL )
CERTIFICATE
I, Lisa Pickering, City Clerk of the United City of Yorkville, Kendall County, State of
Illinois, and Legal Custodian of the records, files, and seal of said City do hereby certify that the
foregoing is a true and correct copy of Resolution No. 2021-06 entitled:
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OSWEGO,THE UNITED CITY OF YORKVILLE,
THE VILLAGE OF MONTGOMERY AND KENDALL COUNTY
which was approved by the City Council of the United City of Yorkville on the 23`d day of
February, 2021.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
the United City of Yorkville this 4d'day of March, 2021.
Lisa Pickering, City Clerk
''L��'t OF y®�,•
(SEAL) At:!c', • �l'.:
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OSWEGO, THE UNITED CITY OF YORKVILLE, THE
VILLAGE OF MONTGOMERY, AND KENDALL COUNTY, ILLINOIS
This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and
entered into as of the effective date provided in Section 15 of this Agreement, by and
between the VILLAGE OF OSWEGO, an Illinois municipal corporation(hereafter
referred to as "Oswego"), the UNITED CITY OF YORKVILLE, an Illinois municipal
corporation (hereafter referred to as "Yorkville"), THE VILLAGE OF MONTGOMERY
(hereafter referred to as "Montgomery"), an Illinois municipal corporation, and
KENDALL COUNTY, ILLINOIS, a unit of local government(hereafter referred to as
"Kendall County") (collectively, "the Parties").
WITNESSETH:
WHEREAS, the provisions of Article V II, Section 10 of the 1970 Illinois
Constitution and the provisions of the Intergovernmental Cooperation Act (5 ILCS 220/1
et seq.) authorize and encourage intergovernmental cooperation; and
WHEREAS, the Parties desire to retain the firm of Elevate Government Affairs to
perform governmental affairs services on behalf of the Parties to represent their common
interests.
NOW, THEREFORE. in consideration of the promises, covenants, terms and
conditions set forth in this Agreement, the Parties hereby agree as follows:
1. Governmental Affairs Services Contract. Oswego will enter into a contract
with Elevate Government Affairs for purposes of Elevate Government Affairs providing
governmental affairs services on behalf of the common interests of the Parties.
2. Cost-Sharinjz. The Parties agree that they will equally share the cost of all
services rendered by Elevate Government Affairs, and each party will be responsible for
paying one-quarter of Elevate Government Affairs' monthly fee. Each month, Oswego
will provide Yorkville, Montgomery, and Kendall County with a copy of the Elevate
Government Affairs invoice. Yorkville, Montgomery, and Kendall County will remit
payment to Oswego within 30 days of receiving a copy of the invoice.
3. Term and Termination. This Agreement shall commence on the date set forth
in Paragraph 15 and shall continue in full force and effect until terminated. The Parties
may terminate this Agreement at anytime by written mutual consent and agreement. Each
party will be responsible for payment of their share of fees accrued prior to termination.
Also, any one or more of the parties may terminate their interest in this
Agreement at any time by providing all other parties with at least(30) calendar days prior
written notice of such termination. The terminating party will be responsible for payment
of their share of fees accrued prior to their termination date. In the event that one or more
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EXHIBIT A
of the parties terminates their interest in this Agreement, the Agreement shall remain in
effect for all remaining parties and the remaining parties agree they will equally share the
cost of all services rendered by Elevate Government Affairs and will pay their
proportionate share of Elevate Government Affairs' monthly fee to Oswego within 30
days of receiving a copy of the invoice.
4. Notices. All notices concerning this Agreement shall be in writing and
addressed to the other parties as follows:
If to Oswego: Village of Oswego
Attn: Village Administrator
100 Parkers Mill
Oswego, Illinois 60543
If to Yorkville: United City of Yorkville
Attn: City Administrator
800 Game Farm Road
Yorkville, IL 60560
If to Montgomery: Village of Montgomery
Attn: Village Administrator
200 N River Street
Montgomery. IL 60538
If to Kendall County: Kendall County
Attn: County Administrator
I I I W. Fox Street
Yorkville, IL 60560
Unless otherwise provided herein, notices shall be hand delivered, or sent by
registered or certified U.S. mail postage prepaid, by commercial overnight delivery
service, or transmitted by facsimile. Notices shall be deemed served or delivered to the
addressee or its office when received at the address for notice specified above when hand
delivered, upon confirmation of sending when sent by facsimile, on the day after being
sent when sent by overnight delivery service, and on the second business day after
deposit in the mail when sent by U.S. mail. A party may change its designated recipient
or address for notification purposes by giving the other parties written notice of the new
designated recipient or address.
5. Time of Essence. Time is of the essence and all provisions of this Agreement
herein relating thereto shall be strictly construed.
6. Preambles and Exhibits. The preambles and exhibits to this Agreement are
hereby incorporated as if set forth fully herein.
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EXHIBIT A
7. Captions. The captions of this Agreement are for convenience only and are
not to be construed as part of the Agreement and shall not be construed as defining or
limiting in any way the scope or intent of the provisions hereof.
8. Entire Agreement. This Agreement sets forth all of the covenants, conditions
and promises between the parties, represents the entire agreement between the parties,
and supersedes all previous communications or understandings whether oral or written.
9. Amendments Must be in Writing. The covenants, terms or conditions of this
Agreement to be kept and performed by either party, shall not be altered, waived,
modified or abandoned except by a written instrument, duly signed, acknowledged and
delivered by authorized representatives of the Parties.
10. Severability. If any term or provision of this Agreement shall to any extent
be held invalid or unenforceable, the remaining terms and provisions of this Agreement
shall not be affected thereby, but each term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
11. No Assignment and Successors. No party may assign any rights or duties
under this Agreement without the prior written consent of the other parties. This
Agreement shall be binding upon the successors of the Parties' respective governing
boards.
12. Governing Law and Venue. This Agreement shall be construed and governed by the
laws of the State of Illinois. The parties agree that the venue for any legal proceedings
between them shall be the Circuit Court of Kendall County, Illinois. Twenty-Third
Judicial Circuit, State of Illinois.
13. Compliance with Laws. The Parties shall at all times observe and comply
with the laws, ordinances, regulations and codes of the Federal, State, County and other
local government agencies which may in any manner affect the performance of this
Agreement.
14. Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute an original,but together shall constitute one and the same
Agreement.
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EXHIBIT A
15. Effective Date. This Agreement shall be deemed dated and become effective
on the date the last of the Parties sign, as set forth below, the signature of their duly
authorized representative.
IN WITNESS WHEREOF, authorized representatives of Oswego, Yorkville, and
Montgomery have executed this Agreement:
VILLAGE OSW GO UNITED CITY OF ILLE
By: By:
Title: V 1 L L/e C,' pRKS tLXn,T Title: M AY0A
Date: �` 1 k A/ Date: 3147 f a
VILLAGE OF MONTGOMERY KENDALL COUNTY, ILLINOIS
By: By:
Title:
Date: 3 Date:
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