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Resolution 2023-31 Resolution No. 2023-31 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND THE ROB ROY DRAINAGE DISTRICT,KENDALL COUNTY,ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, Rob Roy Drainage District (the "District") is a drainage district pursuant to the Illinois Drainage Code (70 ILCS 605/1-1) authorized to construct, maintain or repair drains or levies or to engage in other drainage or levee work for agricultural, sanitary or mining purposes; and WHEREAS, the United States Department of Treasury ("Treasury") launched the Coronavirus State and Local Fiscal Recovery Fund, Assistance Listing 21.027 ("Recovery Fund"), which was established by the American Rescue Plan Act of 2021 ("ARPA"), to provide $350 billion in emergency funding for eligible state, local, territorial and Tribal governments and that Kendall County is an eligible recipient of Recovery Funds subject to the U.S. Department of Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and WHEREAS, pursuant to the guidelines Kendall County can use its allocated Recovery Funds for any one or more of the following authorized uses: (1) to respond to the public health emergency created by the COVID-19 pandemic ("pandemic") or the pandemic's negative economic impacts; (2) to provide premium pay to eligible workers performing essential work during the public health emergency; (3) to provide government services to the extent of the Resolution No.2023-31 Page 1 reduction in revenue due to the public health emergency; and, (4) to make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, the City is located within the boundaries of the District and has agreed, upon the request of Kendall County, to use an allocation of the Recovery Fund received by Kendall County to conduct maintenance operations on the District's drainage infrastructure by dredging, brush clearing, and grading the District's drainage ditches due to the fact that the County finds performing the maintenance operations on the District's drainage ditches is responsive to the need of maintaining adequate stormwater management and preventing flooding; and WHEREAS, Kendall County, as the jurisdiction responsible for disbursement of its Recovery Funds, has authorized the subaward of a portion of its Recovery Funds to the City pursuant to an Agreement for Disbursement and Use of Kendall County's American Rescue Plan Act Funds by and between the City and Kendall County, dated June 21, 2023, for the purpose of making necessary investments in water and sewer infrastructure by performing maintenance operations on the District's drainage ditches as hereinafter provided; and WHEREAS, the City desires to use the allocated funds to provide assistance in tree and brush removal within the District along a portion of the Rob Roy drainage ditch; and WHEREAS, the City and District desire to enter into a Memorandum of Understanding in the form attached hereto, defining the respective rights, duties and responsibilities of the parties. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Resolution No. 2023-31 Page 2 Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. Memorandum of Understanding By and Between the United City of Yorkville, Kendall County, Illinois, and the Rob Roy Drainage District, 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. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. [Remainder of Page Intentionally Left Blank; Roll Call Vote to Follow] Resolution No. 2023-31 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 14th day of November, A.D. 2023. haltaij ITY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE CHRIS FUNKHOUSER NAY MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, e all County, Illinois this Il day of NI(WM ktA7- , A.D. 2023. MAYOR Attest: CITY CLERK Resolution No. 2023-31 Page 4 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND ROB ROY DRAINAGE DISTRICT,KENDALL COUNTY,ILLINOIS THIS MEMORANDUM OF UNDERSTANDING (the "Memorandum"), is made and entered as of the (y hday of Np yt°Inbe,r, 2023, by and between the United City of Yorkville, Kendall County, Illinois (the "City") and Rob Roy Drainage District, Kendall County,Illinois. ARTICLE I. RECITALS: 1.1. 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 the laws of the State. 1.2 Rob Roy Drainage District ("District") is a drainage district pursuant to the Illinois Drainage Code (70 ILCS 605/1-1) authorized to construct, maintain or repair drains or levies or to engage in other drainage or levee work for agricultural, sanitary or mining purposes. 1.3 The United States Department of Treasury ("Treasury") launched the Coronavirus State and Local Fiscal Recovery Fund, Assistance Listing 21.027 ("Recovery Fund"),which was established by the American Rescue Plan Act of 2021 ("ARPA"), to provide $350 billion in emergency funding for eligible state, local, territorial and Tribal governments and that Kendall County is an eligible recipient of Recovery Funds subject to the U.S. Department of Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions. 1.4 Pursuant to the guidelines Kendall County can use its allocated Recovery Funds for any one or more of the following authorized uses: (1) to respond to the public health emergency created by the COVID-19 pandemic ("pandemic") or the pandemic's negative economic impacts; (2) to provide premium pay to eligible workers performing essential work during the public health emergency; (3) to provide government services to the extent of the reduction in revenue due to the public health emergency; and, (4) to make necessary investments in water, sewer, or broadband infrastructure. 1.5 The City is located within the boundaries of the District and has agreed, upon the request of Kendall County, to use an allocation of the Recovery Fund received by Kendall County to conduct maintenance operations on the District's drainage infrastructure by dredging, brush clearing, and grading the District's drainage ditches due to the fact that the County finds performing the maintenance operations on the District's drainage ditches is responsive to the need of maintaining adequate stormwater management and preventing flooding. 1.6 Kendall County, as the jurisdiction responsible for disbursement of its Recovery Funds, has authorized the subaward of a portion of its Recovery Funds to the City pursuant to an Agreement for Disbursement and Use of Kendall County's American Rescue Plan Act Funds by and between the City and Kendall County, dated June 21, 2023, for the purpose of making necessary investments in water and sewer infrastructure by performing maintenance operations on the District's drainage ditches as hereinafter provided. ARTICLE 2. CITY'S UNDERTAKINGS. 2.1 The City has issued a Request for Proposals (the "Request") from an experienced firm specializing in tree removal, brush removal and removal of deadfall (the "Services") to provide the Services in accordance with the terms, conditions and specifications as specifically set forth therein to designated areas within the boundaries of the District a copy of the Request is attached hereto. 2.2 The City has established a due date for all responses on or before September 11, 2023 at 9:00 a.m. at City Hall, 651 Prairie Point, Yorkville, Illinois, whereupon the City shall be prepared to enter into a contract ("Contract") with the lowest responsible bidder responding to the Request (the "Contractor"). The City hereby accepts all responsibility for the selection of the Contractor. 2.3 The total amount due to the Contractor will be paid with the allocation of Recovery Funds received from Kendall County and neither the City or the District shall be responsible for any amounts due thereunder. 2.4 The City further agrees to work with the District to monitor the work performed in order to ensure compliance with the terms, conditions and all agreed specifications for the Services. ARTICLE 3. THE DISTRICT'S RESPONSIBILITIES. 3.1 The District hereby authorizes the City and the Contractor to enter upon all of the property over which the District has control and to obtain permission for the City and the Contractor to enter upon any property over which the District does not have control for the purpose of performing the Contract and providing the Services. 3.2 The District agrees to work with the City and the Contractor in order to permit the Services to be performed and to inspect the Services and to advise the City in the event any of the terms or specifications of the Contract are not performed in accordance with the terms or specifications of the Contract. 3.3 The District shall indemnify the City and hold it harmless from any and all claims which may be asserted at any time unless a claim is the result of the City's omission, negligence or misconduct. 3.4 The District, along with the City, agrees to be bound by the terms of the Agreement. ARTICLE 4. GENERAL TERMS. 4.1 The term of this Memorandum shall commence upon its execution by the City and the District and shall terminate upon final payment to the Contractor. 4.2 This Memorandum shall constitute the entire agreement of the parties and all prior agreements and understandings are herby merged until the terms of the Memorandum. 4.3 This Memorandum may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the Effective Date. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: City Administrator Rob Roy Drainage District By: �.