Ordinance 2018-08 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-08
ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,AND KENDALL COUNTY
EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
(TYLER/NEW WORLD SECURITY AND OPERATIONS FEES)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 23`d day of January,2018
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on January 24,2018.
Ordinance No. 2018-08
ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND
COMMUNICATIONS BOARD
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a
non-home rule municipality duly organized in accordance with the 1970 Constitution and the
laws of the State of Illinois; and
WHEREAS, Kendall County Emergency Phone Service and Communications Board
("Kencom"), proposes to purchase certain computer software and hardware for use by all
participants in the operation of Kencom pursuant to the terms and conditions of the:
"UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE
POLICE DEPARTMENT AND KENDALL COUNTY EMERGENCY PHONE
SERVICE AND COMMUNICATIONS BOARD, INTERGOVERNMENTAL
AGREEMENT (2018) — Tyler/New World Security and Operations Fees (the
"Intergovernmental Agreement")"
WHEREAS, the City has determined that it is in the best interest of the current and
future residents of the City to enter into this Intergovernmental Agreement with Kencom in order
to provide improved dispatching services for the Yorkville Police Department.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Intergovernmental Agreement, by
and between the City and the Kendall County Emergency Phone Service and Communication
Board for the sharing of Tyler/New World Security and Operations Fees, in the form attached
hereto and made a part hereto is hereby approved and the Mayor and City Clerk are hereby
authorized to execute same.
Ordinance No.2018-08
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
Q3 day of JA)4 VARY ,A.D. 2018.
DEPUTY City Clerk
CARLO COLOSIMO Q Q KEN KOCH ave
JACKIE MILSCHEWSKI ave ARDEN JOE PLOCHE
� R
CHRIS FUNKHOUSER aye T JOEL FRIEDERS
SEAVER TARULIS "f ALEX HERNANDEZ QUA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this o�3 day of J A"VA P.Y ,A.D. 2018.
Mayor
Attest:
'DEauTY City Clerk
Ordinance No.2018- 08
Page 3
UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2018)—Tyler/New World Security and Operations
THIS INTERGOVERNMENTAL AGREEMENT(hereinafter referred to as "Agreement") is hereby
entered into by and between the Kendall County Emergency Phone Service and Communications
Board, 1100 Cornell Lane,Yorkville, Illinois, and the United City of Yorkville on behalf of the Yorkville
Police Department,804 Game Farm Road,Yorkville, Illinois 60560. For purposes of this Agreement,
the Kendall County Emergency Phone Service and Communications Board and the United City of
Yorkville on behalf of the Yorkville Police Department shall hereinafter collectively be referred to as
"the parties".
WHEREAS, the Constitution of the State of Illinois of 1970,Article VII,Section 10, provides that
units of local government may contract or otherwise associate among themselves to obtain or share
services and to exercise,combine,or transfer any power or function in any manner not prohibited by
law or by ordinance and may use their credit, revenues,and other resources to pay costs related to
intergovernmental activities; and
WHEREAS,The United City Of Yorkville on behalf of the Yorkville Police Department(hereinafter
referred to as"YPD",and the Kendall County Emergency Phone Service and Communications Board
(hereinafter referred to as"KenCom"),are units of local government within the meaning of Article VII,
Section 10 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental
agreements pursuant to the Intergovernmental Cooperation Act,55 ILCS 220/let seq.;and
WHEREAS, KenCom has purchased and/or acquired computer software and hardware that
allow for operation of the Tyler/New World software; including, but not limited to,Computer Aided
Dispatch (CAD), Mobile Messaging, Field Based Reporting, Fire Records Management, Law
Enforcement Records Management,Corrections Management, Photo Imaging, Data Analysis/Crime
Mapping/Management Reporting and ESRI Embedded Applications, (hereinafter collectively referred
to as"Tyler/New World software");and
WHEREAS, said Tyler/New World software includes multi-jurisdictional features which allow
the sharing of Tyler/New World software amongst different agencies; and
WHEREAS, KenCom will operate the Tyler/New World software on its server(s);and
WHEREAS,YPD and KenCom desire to enter into this Agreement in order to provide an
arrangement which would facilitate the use of the Tyler/New World Software by YPD through the use
of the server(s)operated by KenCom;and
WHEREAS,the parties to this Agreement agree that the server(s)operated by KenCom has
sufficient capacity at the present time to handle the Tyler/New World computer software which
Tyler/New World intends to provide to YPD;and
WHEREAS,the parties that have executed this Agreement have the requisite authority to
execute this Agreement and intend by the execution of this Agreement to bind KenCom and YPD
respectively to the terms of this Agreement;and
WHEREAS,the parties to this Agreement have each had ample opportunity to review this
Agreement with their respective governing bodies, if any,and that this Agreement has been reviewed
Revision Date 11/14/2017 Page 1 of 5
UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2018)—Tyler/New World Security and Operations
by legal counsel for the respective agencies and approved by the respective governing bodies, if any.
WHEREAS,YPD,while using the Tyler/New World software on the KenCom server,will be
bound by the terms of this Security and Operations IGA.
NOW THEREFORE, in consideration of the premises and the mutual covenants hereafter set
forth,the parties agree as follows:
1. The above recitals are incorporated herein by reference.
2. This IGA will not be considered effective until both the Tyler/New World Assignment from
Kendall County and Tyler/New World Licensing and Maintenance Fees IGA are signed by the
parties. In the event of any conflict between the terms and conditions of this Agreement,
the Tyler/New World Assignment and/or the Tyler/New World Licensing and Maintenance
Fees IGA,the order of precedence shall be: first,the Assignment;then,the Tyler/New
World Licensing and Maintenance Fees IGA; and then,this Agreement.
3. In the event the Tyler/New World Licensing and Maintenance Fees IGA and the Tyler/New
World Assignment are not signed by the parties within six(6) months after the date the
parties execute this Agreement,this Agreement shall become null and void.
4. YPD shall have the right to remove data owned by YPD from the KenCom server, but YPD is
responsible for their costs incurred to remove the data. YPD will abide by terms set forth in
this IGA for so long as KenCom and YPD have possession of or access to the Tyler New World
software and/or records.
5. Data imported, records created and stored by a fire or police agency on the KenCom
Tyler/New World server in the fire and police Records Management Software System is the
property of the imputing agency.
6. YPD will be permitted to use the KenCom computer network to access KenCom's Tyler/New
World server(s)owned and maintained by KenCom for the purposes of the operation of
Tyler/New World software.
7. All connectivity charges including hardware, software,services and security incurred with
connection with YPD's access to and operation of the Tyler/New World software on the
KenCom computer network will be at the cost of YPD and will be paid directly by YPD.
8. KenCom will own and maintain the Tyler/New World server(s). KenCom will bear sole
responsibility and cost for the maintenance and replacement of KenCom's hardware that
operates the Tyler/New World software.
9. KenCom will arrange for all backup,data recovery and security systems in accordance with
the regulations and operating procedures of KenCom approved by the Operations and
Executive Boards.
Revision Date 11/14/2017 Page 2 of 5
UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2018)—Tyler/New World Security and Operations
10. KenCom and YPD will have no liability to the other for data which is damaged or lost as a
result of the operation and/or failure of the Tyler New World server(s)or the KenCom
computer network.
11. KenCom will arrange for scheduled system downtime for maintenance with no less than a
twenty-four(24) hour confirmed notice to YPD's designee. Upon execution of this IGA,YPD
will provide KenCom with the name and contact information of their designee.
12. KenCom will respond to any unscheduled downtime due to system failure or emergency
situations as quickly as possible to minimize the impact to YPD. KenCom shall provide notice
of the unscheduled downtime to YPD's designee as soon as practical.
13. YPD will administer all aspects of YPD's use of the Tyler/New World software including the
issuance of passwords,authorizing of new users,discontinuing access of former users,
assignment of security levels and all other administrative aspects of YPD's use of the
Tyler/New World software.
14. KenCom nor YPD shall be responsible for responding to requests for other agency's
information,whether by FOIA or any other requests. In no event shall KenCom release any
of YPD's RMS records to a third party without the prior written consent of YPD unless
ordered to do so by a court. In no event shall YPD release any of the KenCom CAD records
to a third party without the prior written consent of KenCom unless ordered to do so by a
court.
15. Each party shall hold all confidential information of the other party in trust and confidence
for the party claiming confidentiality and not use such confidential information other than
for the benefit of that party or the sake of the safety of other emergency responders that
KenCom provides dispatch service for. The other party agrees not to disclose any such
confidential information, by publication or otherwise,to any other person or organization.
For purposes of this Agreement,confidential information shall include any and all
information contained in the Records Management System.
16. KenCom will effectuate and keep current a signed agreement or IGA with their contracted IT
provider that will allow access to the Tyler/New World server(s)or computers that operate
Tyler/New World software for maintenance purposes only,that prevents IT staff from
viewing data that exists on the server(s)and computers unless necessary for the purpose of
maintenance and that forbids dissemination of any data that is accessed on the server(s)or
computers during the course of performing maintenance.
17. The parties agree that any modification to the Agreement must be in writing and signed by
authorized individuals on behalf of the undersigned parties.
18. This agreement shall not be assigned without the prior written consent of the parties. In
any action with respect to this Agreement,the parties are free to pursue any legal remedies
at law of in equity. All terms and provisions of this Agreement shall be governed by the laws
of the State of Illinois and are subject to good faith and fair dealing implied in all Illinois
Revision Date 11/14/2017 Page 3 of 5
UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2018)—Tyler/New World Security and Operations
contracts. The parties agree that the proper venue for this Agreement shall be Kendall
County, Illinois. If any provision of this Agreement shall be declared or found invalid, illegal,
or unenforceable by a court of competent jurisdiction,such provision shall,to the extent
possible, be modified by the court in such manner as to be valid, legal,and enforceable so as
to most nearly retain the intent of the parties,and, if such modification is not possible,such
provision shall be severed from the Agreement, and in either case the validity, legality and
enforceability of the remaining provisions of this Agreement shall not in any way be affected
or impaired thereby.
19. Any notice required or permitted to be given pursuant to this Agreement,with the
exception of scheduled and unscheduled system maintenance, shall be duly given if sent by
email or fax and certified mail or courier service and proof of service is received. In the case
of notice to KenCom Public Safety Dispatch, send to,Attention Director, 1100 Cornell Lane,
Yorkville, IL 60560,fax(630)882-8532,email KenComAdmin@co.kendall.il.us; and, in the
case of notice to YPD, send to Larry Hilt, Deputy Chief,804 Game Farm Road,Yorkville, IL
60560, Fax(630)553-1141, Email: lhilt@vorkville.il.us. Notice shall be effective upon
receipt by the other party.
20. Neither party will be responsible to the other for damage, loss, injury or interruption of
work if the damage, loss,injury or interruption of work is caused solely by conditions that
are beyond the reasonable control of the parties,and without the intentional misconduct or
negligence of that party(hereinafter referred to as a "force majeure event"). To the extent
not within the control of either party,such force majeure events include: acts of God, acts of
any governmental authorities,fire,explosions or other casualties,vandalism and riots of
war. A party claiming a force majeure event("the claiming party")shall promptly notify the
other party in writing, describing the nature and estimated duration of the claiming parry's
inability to perform due to the force majeure event. The cause of such inability to perform
will be remedied by the claiming party with all reasonable dispatch.
21. This Agreement supersedes any other prior oral agreements between the parties regarding
the matters set forth in this Agreement.
22. Nothing contained in this Agreement, nor any act of the parties pursuant to this Agreement
shall be deemed or constructed to create any joint employer relationship.
23. This Agreement may be executed in counterparts(including facsimile signatures),each of
which shall be deemed to be an original and both of which shall constitute one and the
same Agreement.
Revision Date 11/14/2017 Page 4 of 5
UNITED CITY OF YORKVILLE ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2018)—Tyler/New World Security and Operations
IN WITNESS WHEREOF,the parties hereto have caused this Intergovernmental Agreement to be
executed by their duly authorized officers on the below date.
Kendall County Emergency Phone Service and
Communications Board United City Of Yorkville, Illinois
Name: ie Name: C A Q Y J. COLI 4514 j
Title:Chairman, KenCom Executive Board Title: MAYO
Date: Date: 1 023/�$
Signature: Signature:
Revision Date 11/14/2017 Page 5 of 5