Resolution 2024-65 Resolution No. 2024-65
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING A SERVICE AGREEMENT BETWEEN KENDALL COUNTY
AND THE UNITED CITY OF YORKVILLE FOR THE PROVISION OF DEMAND-
RESPONSE TRANSPORTATION
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 the laws of the State; and
WHEREAS, the Mayor and City Council (the "Corporate Authorities") approved annual
payment toward the development and operation of a Kendall Area Transit Project (the "Project")
by resolution on March 24, 2009; and
WHEREAS, the dollar amount of the City's annual contribution toward the Project has
not increased since the annual contribution was first approved in 2009; and
WHEREAS, residents of the City rely on the Project for transportation; and
WHEREAS, the cost of the Project has outpaced the funding provided for the Project,
causing requests for service to go unserved daily due to a lack of drivers and vehicles for the
Project; and
WHEREAS, the Project's operators have requested additional funds from the City so that
service needs may be met and matching funds from the state and federal government may be
captured; and
WHEREAS, the Corporate Authorities recognize the value of the Project to residents and
wish to ensure the Project is capable of meeting the needs of the City's residents; and
WHEREAS, Resolution 2024-50, approved by the Corporate Authorities on October 22,
2024, set forth increased annual contributions by the City for the Project; and
WHEREAS,the City and Kendall County desire to enter into an agreement memorializing
the City's annual contributions to the Project and the services provided to the City's residents
through the Project, substantially in the form attached hereto as Exhibit A.
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 above recitals are incorporated herein by reference as though fully set forth.
Section 2. That the Service Agreement between Kendall County and United City of
Yorkville for the Provision of Demand-Response Transportation, attached hereto and made a part
hereof by reference, is hereby approved.
Resolution No. 2024-65
Page 1
Section 3. This Resolution shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
1 Ot" day of December,A.D. 2024.
WT CLERK
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
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 1 day of ��1 j' ,A.D. 2024.
MAYOR
Attest:
T CLERK /
Resolution No. 2024-65
Page 2
11*M as- 3q
Service Agreement between Kendall County and United City of Yorkville for the Provision
of Demand-Response Transportation
WHEREAS, this Service Agreement, hereinafter referred to as the "Agreement," is made by and
between Kendall County, Illinois, hereinafter referred to as the "County," and United City of
Yorkville hereinafter referred to as "United City of Yorkville"; and
WHEREAS, it is the mutual concern of the parties hereto that the transportation services provided
hereunder be of high professional quality; and
WHEREAS, the County agrees to provide community and public transportation services in
Kendall County (hereinafter referred to as the "Service Area").
WITNESSETH
For and in consideration of the mutual covenants, and benefits hereinafter set forth, the County
and United City of Yorkville agree as follows:
Section A. Effective Date, Service Area,Term,Termination
l. Effective Date. This Agreement shall be effective January l st, 2025, upon execution
by County and United City of Yorkville. The County hereby agrees to operate a
demand-response transit system commonly known as Kendall Area Transit,
hereinafter referred to as "KAT".
2. Service Area. United City of Yorkville authorizes the County to provide community
and public transportation services within the limits of United City of Yorkville
hereinafter referred to as "Service Area."
3. Term; Termination.
a. This Agreement shall remain in effect until December 31 st, 2027. However,
this Agreement may be terminated before December 31 st, 2027, if United City
of Yorkville provides sixty (60) days advance written notice to the County of
its intent to terminate this Agreement.
b. The County shall have the right to terminate this Agreement before December
31 st, 2027 upon giving sixty (60) days written notice to United City of
Yorkville.
c. This Agreement may, if agreed to in writing by all parties prior to termination
date, be extended by an additional two-year term. Any such extensions shall
be executed by all parties no later than thirty (30) days prior to the termination
date.
Section B. Description of Service
1. The County shall provide demand-response (dial-a-ride, paratransit)transportation
service to the residents of United City of Yorkville in the same manner provided to
residents of other communities within the County of Kendall that annually contribute
funding towards the KAT program.
2. Dial-a-ride Service. KAT is the community and public transportation program of
Kendall County. KAT transportation services are generally known as demand-response,
also known as dial-a-ride and paratransit. KAT is operated for the general public, with
special emphasis on service for senior citizens and persons with disabilities. KAT is
administered by the County of Kendall. KAT demand-response service is available
Monday through Friday from 6:00 a.m. to 7:00 p.m., except holidays. Fares range from
$245 for a one-way trip. All rides are pre-arranged by calling the KAT dispatch center,
and all rides are based on vehicle space and availability. Service will be provided to
Kendall County locations, with designated out-of-county locations, restricted mostly to
medical, social services, and educational facilities. All fares and routes are subject to
change at KAT's sole discretion.
3. Changes to Service. The County reserves the right to adjust the demand-response
transportation services provided under the terms of this Agreement. Where appropriate,
the County will consider input provided by United City of Yorkville before implementing
changes. However, both parties understand and agree that the County reserves final
decision-making authority regarding adjustments in the dial-a-ride transportation service.
Section C. General Requirements
1. Personnel. The County shall employ and furnish such personnel as shall be reasonably
required for the efficient and economical operation of the transit system for United City
of Yorkville residents. The County agrees that all services to be undertaken by the
County shall be carried out by competent and properly trained personnel. The United
City of Yorkville understands and agrees that the County may contract with an outside
vendor to operate the KAT system.
2. Operation.The County shall operate the transportation system for United City of
Yorkville residents on the days, during the hours and over the routes with such
scheduling, and at such fares as in accordance with Section B of this Agreement.
Section D. Payment
1. Beginning January 1st, 2025, United City of Yorkville will provide $31,874 in Fiscal Year
2025, $40,198 in Fiscal Year 2026, and $48,521 in Fiscal Year 2027 to the County in bi-
annual payments. This compensation will be used as local match funding for various
State and Federal transportation grants. Issuance of payment will adhere to the following
schedule:
a. Fiscal Year 2025: $31,874
• Due May 15th, 2025: $15,937
• Due November 15th, 2025: $15,937
b. Fiscal Year 2026: $40,198
• Due May 15th, 2026: $20,099
• Due November 15th, 2026: $20,099
c. Fiscal Year 2027: $48,521
• Due May 15th, 2027: $24,260.50
• Due November 15th, 2027: $24,260.50
2. Payment shall be remitted to Kendall County's address: Kendall Area Transit 111 West
Fox Street, Yorkville, IL 60560
3. In the event the Agreement is terminated as described in Section A.3, United City of
Yorkville will reimburse all expenses incurred by the County in the provision of services,
including any eligible expenses that may be incurred after the termination date.
Section E. Notices
1. Any notices directed to the County shall be sent to:
Kendall County Administration c.c. Kendall County State's Attorney
Yorkville, IL 60560 807 John Street
Fax (630) 553-4171 Yorkville, IL 60560
fax (630) 553-4204
Section F. Miscellaneous
1. Grant Funds. Compensation under this Agreement is considered funding of last resort
and is not intended to replace other State and Federal program obligations.
2. Force Majeure. The County shall not be liable for any failure, delay or interruption of
service nor for failure or delay in performance of any obligations under this Agreement
due to strikes, lockouts, acts of God, governmental restrictions, enemy action, civil
commotion, unavoidable casualty, unavailability of fuel supplies or parts, and any similar
acts beyond the control of the County.
3. Modifications.No modification, additions, or deletion of this Agreement shall be
effective unless and until such changes are approved in writing by all parties to the
Agreement.
4. Non-Discrimination. United City of Yorkville its officers, employees, subcontractors,
and agents agree not to commit unlawful discrimination/ unlawful harassment and further
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, the
Illinois Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq., as
amended, the Equal Pay Act of 2003, as amended,and all applicable rules and regulations.
United City of Yorkville its officers, employees, subcontractors, and agents shall maintain
a written sexual harassment policy that complies with the requirements of 775 ILCS 5/2-
105 and shall comply with all fair employment practices and equal employment
opportunity/affirmative action requirements set forth in applicable state and federal laws
and regulations. The United City of Yorkville shall comply with any applicable reporting
requirements of Section 11 of the Equal Pay Act of 2003.
5. Choice of Law and Venue. This Agreement shall be construed in accordance with the
law and Constitution of the State of Illinois and, if any provision is invalid for any reason,
such invalidations shall not render invalid other provisions which can be given effect
without the invalid provision. 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.
Entire Agreement. The Agreement and any addenda constitute the entire agreement between
United City of Yorkville and the County. If any provision of the Agreement is in conflict with
the laws of the State of Illinois or the United States of America, said provision shall be
considered invalid and the remaining provisions shall remain in force. This Agreement
supersedes all prior agreements and understandings, whether written, or oral, between United
City of Yorkville and the County with respect to the subject matter hereof.
IN WITNESS WHEREOF, the said County has approved this Agreement and authorized it to be
signed, sealed, and attested by the County Clerk and said United City of Yorkville has approved
the Agreement and authorized to be signed by Nja�fo c 7onyl pLky-CC O and to be sealed
and attested to by (?lefl-� &awk this I ITO day of 2024.
KENDALL COUNTY United City of Y
BY: BY:
WITNESS: ATTES : — ��