Resolution 2023-13 Resolution No. 2023 -13
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
OPERATION OF A PRESCHOOL BY AND BETWEEN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE COMMUNITY
SCHOOL DISTRICT 115
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non-home rule municipality created in accordance with the
Constitution of the State of Illinois of 1970; and
WHEREAS, the Yorkville Community School District 115 (the "School District") is a
school district of the State of Illinois with the powers as granted by Article VII, Section 8 of the
1970 Illinois Constitution and as provided by law; and
WHEREAS, the City and the School District each have the authority to enter into
agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and Sections 3
and 5 of the Intergovernmental Cooperation Act(5 ILCS 220/3 and 5) and pursuant to the statutory
contracting power of each; and
WHEREAS, School District owns certain real property(the"Premises")that is not needed
for school purposes; and
WHEREAS, City operates a preschool program (the "Program") and wishes to use the
Premises for its Program upon completion of certain renovations by the School District; and
WHEREAS, School District has an Educator Pathways program for high school students
who will be able to observe and assist in the Program; and
WHEREAS, the City has determined it is in its best interests to enter into an
Intergovernmental Agreement with the School District, in the form attached hereto and made a
part hereof as Exhibit "A," in furtherance of the stated goals and desires set forth above.
Resolution No. 2023-13
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 all of the recitals set forth above are incorporated herein as if fully restated
in this Section 1.
Section 2: That the Intergovernmental License Agreement for Operation of a Preschool
between Yorkville Community Unit School District No. 115 and the United City of Yorkville (the
"IGA"), in the form attached hereto and made a part hereof as Exhibit "A," is hereby approved
and the Mayor is authorized to execute and deliver said IGA.
Section 3: That 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 91h day of May, A.D. 2023.
ITY LERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
Resolution No. 2023-13
Page 2
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
ii vl
this I fi day of May, A.D. 2023
:J
MAYOR
Attest:
CITY LERK
f
Resolution No. 2023-13
Page 3
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
CLERK'S CERTIFICATE
I, Jori Behland, the duly qualified and acting City Clerk of the United City of Yorkville,
Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that the
attached hereto is a true and correct copy of a Resolution entitled:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
OPERATION OF A PRESCHOOL BY AND BETWEEN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE COMMUNITY
SCHOOL DISTRICT 115
which Resolution was duly passed by said City Council at a regular meeting held on the 9th day
of May, A.D. 2023.
I do further certify that a quorum of said City Council was present at said meeting and that
the Council complied with all requirements of the Illinois Open Meetings Act.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of KA at , 2023.
•- 1
LA
on B hland, City Clerk
United City of Yorkville
(Seal)
EXHIBIT A
UPDATED 4/20/23
INTERGOVERNMENTAL LICENSE AGREEMENT
FOR OPERATION OF PRESCHOOL
BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND
THE UNITED CITY OF YORKVILLE
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the date shown below
by and between the Board of Education of Yorkville Community Unit School District No. 115,
Kendall and Kane Counties, Illinois ("School District") and the United City of Yorkville("City").
WITNESSETH:
WHEREAS, School District is an Illinois public school district established and operated pursuant
to the Illinois School Code, 105 ILCS 5/1-1 et seq; and
WHEREAS, City is an Illinois municipal corporation established and operated pursuant to the
Illinois Municipal Code, 65ILCS 511-1-1 et seq.; and
WHEREAS, School District and City are authorized to enter into this Intergovernmental
Agreement pursuant to Article VII, Section 10 of the Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and
WHEREAS,School District has authority under the School Code(105 ILCS 5/10-20.41 and 5/10-
22.10) to grant the use of its facilities when not needed for school purposes so long as it does not
interfere with any school functions or the safety of students or school personnel or affect the
property or liability of the School District; and
WHEREAS, School District owns certain real property depicted on Exhibit A (the "Premises" as
defined below) that is not needed for school purposes; and
WHEREAS, City operates a preschool program (the "Program") and wishes to use the Premises
for its Program upon completion of certain renovations by the School District; and
WHEREAS,School District has an Educator Pathways program for high school students who will
be able to observe and assist in the Program; and
WHEREAS, the parties mutually desire to enter into this Agreement defining their rights, duties
and liabilities with respect to the Premises.
NOW, THEREFORE, in consideration of the terms and conditions contained in this
Intergovernmental Agreement, and other good and valuable consideration, the receipt of which is
hereby acknowledged, School District and City agree as follows:
1. INCORPORATION OF PREAMBLES: The preambles are hereby incorporated into
and made a part of this Agreement.
1
UPDATED 4/20/23
2. PREMISES: School District hereby licenses to City and City hereby licenses from School
District a portion of the sports building behind the Yorkville High School Academy at 702 Game
Farm Rd in Yorkville to be depicted on Exhibit A attached hereto and incorporated herein
("Premises") during the times set forth in this Agreement. In conjunction with such use of the
Premises, City shall also be permitted to use, on a non-exclusive basis, the restroom facilities
indicated on Exhibit A, and shall further have the right to use the parking lot for parking purposes,
designated hallways and pathways for access to the Premises, and adjacent playgrounds and open
space or at an equivalent space at a location mutually acceptable to the parties. Use of said parking
areas, hallways, pathways, playgrounds and open space by City, its employees, agents, students,
or other persons on School District's premises for City's business purposes shall be subject to
reasonable regulation by the School District. The Premises shall have Wi-Fi and a copy machine
available for the City's use. This Agreement shall not confer upon City the right to use any other
areas or facilities other than those outlined in Exhibit A.
3. RENOVATIONS: School District has used its own forces to renovate the Premises to
provide two classrooms for the use of the Program according to the renovation budget attached
hereto and incorporated herein as Exhibit B. The School District 1 managed the remodeling project
and had exclusive responsibility for performing the project. The City shall provide its plumber on
staff and other labor to contribute work to the project upon request of the School District. The City
also shall reimburse the School District's costs in renovating the Premises up to $75,000. The
School District shall invoice the City for the costs of the work, and the City shall pay the invoices
within the time period stated in the Local Government Prompt Payment Act. The renovations were
completed and the City has been able to use the Premises since August 1 2022.
4. PROGRAM: City shall provide all necessary staffing, materials and management to
effectively operate the Program. The Program fees are paid to the City by students/participants of
the Program.
5. PROGRAM SCHEDULE: City will operate its Program from 8:30 a.m. until 3:30 p.m.,
Monday through Friday. In addition, the City may use the Premises throughout the year and,upon
mutual agreement of the parties for additional programs of the City for time outside of the 8:30
am to 3:30 pm. The City's use of the Premises shall be a license limited to the program times and
such additional times as agreed by the parties (collectively the "Stated Times") and the City shall
have an exclusive right to use the Premises during the Stated Times. Notwithstanding anything to
the contrary in this Agreement,no individuals, other than City, its employees, agents,Participants,
and invitees shall be permitted to access the Program areas during the Stated Times. However,
City shall allow high school students in the Educator Pathways program to volunteer, observe and
assist in the Program. These high school students will be selected by the School District.
6. EMPLOYMENT RELATIONSHIP: All employees, agents, and staff members of City
involved in the operation of the Program are the employees of City for all purposes under the law.
City is responsible for all compensation, employment and other taxes and filings pertaining to
City's employees. Nothing in this Agreement, or otherwise, makes the School District the
employer of City, its employees, agents or staff.
2
UPDATED 4/20/23
7. MANAGEMENT AND SUPERVISION: City shall be fully responsible for the
implementation of its Program, and supervision and safety of its employees, agents, Program staff
members, the Participants in the Program, or any invitees of the Program. City shall purchase all
materials needed for the Program and be responsible for registration and marketing of the Program.
City shall provide an on-site coordinator or director who shall have the responsibility for every
aspect of the Program including, but not limited to, management, oversight and supervision.
School District shall not in any way be responsible for City's Program or the supervision or safety
of City's employees, agents, Program staff members, Participants in the Program, or invitees of
the Program.
8. TERM: This Agreement shall commence upon its effective date and terminate June 30,
2033. Thereafter, the City shall have the right of renewal for an additional term through June 30,
2038, upon written notification to the School District by January 1 , 2033,of its intention to renew
this Agreement. The School District shall have the right to remove City, under emergency
situations, as determined by School District, with as much notice as is practicable.
9. UTILITIES: It is agreed that all utilities including electricity, gas, water, sewer and
scavenger services are the responsibility of the School District except as otherwise provided in
Paragraph 10.
10. NO WASTE OR MISUSE: City, its employees, agents, staff members, Participants, or
invitees shall not allow any waste of water or misuse or neglect of water and lighting fixtures on
the Premises. City will pay for all damages to the Premises caused by such waste or misuse, as
determined by the School District based on the reports of usage generated by the utility company.
City shall not operate the Program in any way that interferes with the School District's use of the
Yorkville High School Academy.
11. JANITORIAL SERVICES: City shall be responsible for providing janitorial supplies
and shall be responsible for the cleaning of the Premises for the period of City's occupancy. City
shall return the Premises to their original condition at the end of the term of the Agreement. City
agrees to pay the charges for extra School District custodial time if needed to clean the Premises
as a result of City's misuse, as determined by the School District.
12. NO SMOKING: City, its employees, agents, staff members, Participants, and invitees
shall abide by the no smoking policy and refrain from smoking on the Premises and all School
District property.
13. LICENSES: City represents that it has all the necessary and appropriate licenses to
operate the Program, shall provide proof of same to School District and shall operate at all times
under all valid licenses and permits. City shall bear all costs and fees associated with the defense
of an administrative or circuit court action brought by DCFS for failure to secure appropriate
licensure. City shall ensure that all its employees, agents or staff assigned to the Program undergo
a criminal background investigation and are in compliance with the physical examination
requirements of 105 ILCS 5/24-5. City shall neither employ nor contract with any individual who
has been convicted of a crime in violation of 105 ILCS 5/10-21.9.
3
UPDATED 4/20/23
14. INSURANCE: City assumes full responsibility for providing at its expense any insurance
to protect its property on the Premises. City shall be responsible for any defects on the Premises,
or any loss or damages to the person or property of City or any of its agents, employees, staff
members, participants, or invitees in or about the Premises, including in or about the building or
other of School District's property used to access the Premises, which is caused by, or alleged to
be caused by the negligent act or omission of City or any of its employees, participants, agents,
staff members, or invitees. School District further shall not be responsible for damages caused by
any acts of City, its employees, agents, staff members, participants, or invitees. Notwithstanding
the foregoing, or any other provision in this Agreement, nothing in this Agreement shall be
construed as a waiver by the School District of its right to assert immunities under state or federal
common law or statutes. City shall maintain in full force and effect Commercial General Liability
Insurance covering the operation of the Program, with at least Two Million Dollars ($2,000,000)
per occurrence coverage, a general aggregate limit of no less than Two Million Dollars
($2,000,000), and Five Million Dollars ($5,000,000) umbrella coverage. City's insurance shall
include molestation and sexual abuse coveray_e. City agrees to obtain and maintain in full force
and effect Commercial Automobile Liability Insurance with limits of not less than One Million
Dollars($1,000,000) combined single limits for bodily injury and property damage, on all vehicles
owned by City or operated by City for purposes of the Program. In the event City does not own or
operate any vehicles for the Program but contracts with various vendors to provide transportation
services for the Program, City shall require all such vendors to obtain and maintain in full force
and effect Commercial Automobile Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) combined single limits for bodily injury and property damage. City also
agrees to obtain and maintain in full force and effect statutory Worker's Compensation Insurance.
The umbrella or excess insurance required under the Agreement shall follow the form of the
underlying insurance. Further, City shall name the School District, its agents, Board of Education
members, administrative staff, employees, volunteer personnel and student teachers as additional
insureds on all insurance required under the Agreement, with the sole exception of worker's
compensation insurance. All policies must be on an occurrence basis not claims made basis. Prior
to the commencement of the term of this Agreement or any extensions thereof, and upon request,
City shall provide School District with Certificates of Insurance evidencing proof of all insurance
required, in a form satisfactory to School District, including but not limited to a copy of the policy
endorsement. All Certificates of Insurance shall state that such policies shall provide School
District a 30-day notice prior to cancellation, modification, material change or non-renewal in the
policies. The liability and umbrella policies shall specifically cover City's indemnification
obligation pursuant to Paragraph 17 of this Agreement. Further, to the fullest extent possible
without invalidating any of City's insurance, City, on behalf of itself and its insurers, waives any
and all rights of subrogation they may have against any additional insured. All insurance of City
shall be primary and non-contributory;to the extent any additional insured has insurance coverage,
such insurance shall be on an excess basis.
16. COMPLIANCE WITH LAWS AND POLICIES: City shall comply, and ensure
compliance of the Program and its employees, agents, staff members, participants, and invitees
with all applicable laws, including, but not limited to: local, state and federal tax laws; state and
federal non-discrimination laws applicable to employees, agents, staff members, participants, and
invitees; workers' compensation laws; state and federal wage and hour laws and licensure and
certification requirements (including but not limited to DCFS licensure or certification
4
UPDATED 4/20/23
requirements). The rights and duties of City and School District shall be controlled by all
applicable State and Federal Laws. Additionally, City agrees to fully comply with the requirements
of the Illinois Human Rights Act, 775 ILCS 511-101 et seq., including, but not limited to, the
provision of sexual harassment policies and procedures pursuant to Section 2-105 of the Act as
well as Section 750.10 and Appendix A of the regulations of the Illinois Department of Human
Rights,44 Ill. Admin. Code 750.10 and 44 Ill. Admin. Code 750.Appendix A and all federal Equal
Employment Opportunity Laws, including, but not limited to, the Americans With Disabilities
Act, 42 U.S.C. Section 12101 et seq., and rules and regulations promulgated thereunder to the
extent applicable to City. Furthermore, City agrees that it is responsible for ensuring that all
programs and activities are accessible in accordance with the requirements of the Americans with
Disabilities Act and other nondiscrimination laws. In the event City is required to make changes
to the Premises to ensure that they are accessible in accordance with the requirements of the law,
City shall first obtain the written consent of the School District before it proceeds with the changes.
If the School District refuses to consent to the changes, either party may terminate this Agreement.
City also agrees to comply with laws restricting or prohibiting the presence of certain individuals
or activities on school property, including, but not limited to, the prohibition on the presence of
sex offenders on School District property as set forth in State law and School District Policy. City
further agrees to implement the Program in accordance with Board of Education policies governing
conduct and activities on school property. Additionally, City agrees to sign and comply with any
applicable building use forms or addenda as may be required by the School District, including but
not limited to any required procedures or plans for mitigating against COVID-19.
17. INDEMNIFICATION FROM SUIT: City agrees to indemnify,protect,release and hold
harmless, and, at the option of the School District, defend, the School District, its agents, Board of
Education members, administrative staff, employees, volunteer personnel and student teachers
from any and all liability, claims, demands, actions and causes of action, costs and expenses
(including reasonable attorneys' fees) which the School District may become obligated by reason
of any accident or injury (including death) caused by City's negligence or intentional acts in
connection with or under this Agreement. City shall not be responsible to indemnify, protect,
release, hold harmless or defend the School District its agents, Board of Education members,
administrative staff, employees, volunteer personnel and student teachers for any such liability,
claims, demands, actions and causes of action, costs or expenses (including reasonable attorneys'
fees) if caused solely by the negligence or intentional acts of the School District its agents, Board
of Education members, administrative staff, employees, volunteer personnel and student teachers.
18. TERMINATION: School District may, at any time prior to expiration of the term of this
Agreement, or any renewal period thereof, upon City's default or breach of any of the covenants
herein contained to be kept by City, with sixty (60) calendar days notice, declare the Agreement
terminated, provided this Agreement shall not be terminated if City cures the default or breach
within the sixty (60) day notice period. Notwithstanding any provision to the contrary contained
herein,if any of the Premises, common facilities or access to either is deemed by any governmental
agency not to be in compliance with the Americans with Disabilities Act or any other similar laws,
such that the noncompliance affects City's ability to operate its Program, City may at any time
prior to the expiration of the term of this Agreement, or any renewal period thereof, terminate this
Agreement with thirty (30) days notice to School District. City shall upon termination of the
Agreement return the licensed Premises, and all keys thereto, and any school equipment provided
5
UPDATED 4/20/23
by School District, to School District in the same condition as received by City at the
commencement of the term of this Agreement, ordinary wear and tear and acts of God excepted.
Any repairs or replacements made necessary by the waste or misuse of the Premises by City, its
agents, employees, participants or invitees, shall be made promptly by City, at its own expense
and in a manner to prevent liens from attaching to the Premises or School District's funds, as a
result thereof At the termination of the Agreement, by lapse of time or otherwise City agrees to
yield up immediate and peaceable possession to School District.
19. RIGHT OF REMOVAL: School District shall have the right to temporarily remove City,
under emergency situations as determined by School District,with as much notice as is practicable.
20. ASSIGNMENT SUBLETTING: City shall neither sublet the Premises or any part
thereof nor assign this Agreement by any act or default nor transfer any of City's interest by
operation of law, nor offer the Premises or any part thereof for sublicense, nor permit the use
thereof for sublicense, nor permit the use thereof for any purpose other than as above mentioned,
without in each case, the written consent of School District.
21. SURRENDER OF PREMISES: City shall quit and surrender the Premises and the school
equipment provided by School District at the end of the term of this Agreement or any renewal
period hereafter in the same condition as received by City at the commencement of the term of this
Agreement, ordinary and reasonable wear and tear and acts of God excepted,with all keys thereto.
City shall not make any alterations in the Premises except movable furniture, fixtures, shelves and
bulletin boards put in at the expense of City. Permanent fixtures/equipment shall be the property
of School District, and shall remain upon and be surrendered with the Premises as a part thereof at
the termination of this Agreement.
22. RESTORATION OF DAMAGE: During the term of this Agreement, or any renewal
thereof,City shall repair and restore any damage, except as a result of normal wear and tear, caused
by City, its agents, employees, staff members, participants, or invitees to the Premises, including
but not limited to walls, glass, frames, and hardware in the several doors and windows in the
Premises, fixtures, plumbing and flooring which replacement or restoration shall be of a like kind
and quality. Any repairs or replacements made necessary by the waste or misuse of the Premises
by City, its agents, employees, staff members,participants, or invitees, shall be made promptly by
City, at its own expense and in a manner to prevent liens from attaching to the Premises or School
District's funds as a result thereof In the alternative, and at the discretion of the School District,
City will reimburse School District for all property damage to the Premises caused by City, its
employees, agents, staff members, participants, or invitees. School District, at its own cost and
expense, shall keep the heating, electrical, plumbing and all other mechanical equipment in good
repair, condition and working order and shall furnish any and all parts, mechanisms and devices
required therefore. Any major repairs or replacements to said mechanical equipment, to the roof,
exterior walls and structural portions of the Premises, shall be made by the School District, subject
to indemnification under Paragraph 17 by City as required by this Agreement.
23. SCHOOL DISTRICT NOT LIABLE: The School District shall not be liable for any
loss of property or defects in the Premises, or any accidental damages to the person or property of
City in or about the Premises, including the building used to access the Premises, where such loss
6
UPDATED 4/20/23
or injury results from water, rain or snow leaking into, issuing or flowing from any part of the
Premises or the building used to access the Premises, or from the pipes or plumbing of the same
except when such damage results from School District's negligence. City hereby covenants and
agrees to make no claim for any such loss or damage at any time. School District shall not be liable
for any loss or damage to any personal property of City or any of its employees, invitees or
contractors.
24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, apply and inure
to the benefit of School District and City and their respective heirs, legal representatives,
successors and assigns.
25. AMENDMENTS: No modifications or amendments or waiver of any provision hereto
shall be valid and binding unless in writing and signed by both parties.
26. COMPLETE UNDERSTANDING: This Agreement sets forth all the terms and
conditions, and agreements and understandings between School District and City relative to the
subject matter hereof, and there are not agreements or conditions, either oral or written, expressed
or implied,between them other than as herein set forth.
27. GOVERNING LAW: This Agreement and the rights and responsibilities of the parties
hereto shall be interpreted and enforced in accordance with the laws of the State of Illinois.
28. WAIVER: No waiver of any default of City hereunder shall be implied from an omission
of School District to take any action on account of such default and no express waiver shall affect
any default other than the default specified in that express waiver and then only for the time and
to the extent therein stated.
IN WITNESS WHEREOF,the parties have executed this Intergovernmental Agreement by their
authorized representatives as of the last date of signature shown below.
[SIGNATURE PAGE TO FOLLOW]
SCHOOL DISTRICT: CITY:
BOARD OF EDUCATION UNITED CITY OF YORKVILLE
YORKVILLE COMMUNITY UNIT
SCHOOL DISTRICT NO. 115
KENDALL AND KANE COUNTIES, ILLINOIS
7
UPDATED 4/20/23
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EXHIBIT A- INSERT DEPICTION/DESCRIPTION OF PREMISES
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EXHIBIT B-INSERT SPORTS BUILDING RENOVATION BUDGET
10
Sports Building Renovation Budget
City of Yorkville PreSchool Program
ITEM COST QTY TOTAL COST
Bathroom Install Estimates
Kohler Toilet $249.00 1 $249.00
Wall Mounted Sink $100.00 1 $100.00
Faucet $110.00 1 $110.00
Handicap Bars $40.00 3 $120.00
Mirror $200.00 1 $200.00
Paper Towel Dispenser,soap dispenser,
TP holder and wall mounted trash can $287.00 1 $287.00
Materials/Plumbing for Septic Tank $10,000.00 1 $10,000.00
Total $1.1,066.00
Wall Construction/Flooring Estimates
Doors/Frames 912.00 8 $7,296.00
Door Hardware $25.00 8 $200.00
Electrical wiring,outlets etc. $1,000.00 1 $1,000.00
2X4, molding,drywall,screws,nails etc. $600.00 1 $600.00
Two way mirrors $1,000.00 2 $2,000.00
Paint $1,500.00 1 $1,500.00
Flooring(material and install) $24,000.00 1 $24,000.00
Total $36,596.00
Technology
2 Key Fobs $750.00 2 $1,500.00
TV/wiring $500.00 1 $500.00
Entrance Camera/wiring/wireless access $4,000.00 1 $4,000.00
Phones $150.00 2 $300.00
Projectors/projector screens/wiring $1,500.00 2 $3,000.00
Total $9,300.00
Miscellaneous
Thermostats installed in each classroom $100.00 2 $200.00
Dumpster Rental $1,500.00 2 $3,000.00
Concrete(repair for septic) $600.00 1 $600.00
Landscaping(repair after tear apart for
$2,000.00 1 $2,000.00
septic)
Smoke Detectors $50.00 7 $350.00
Exit Signs $25.00 5 $125.00
Portable sink in classroom $1,500.00 2 $3,000.00
Total $9,275.00
Estimated Total cost for Project $66,237 00
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