Ordinance 2018-09 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-09
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 LICENSING AND MAINTENANCE 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. 2018-09
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 Licensing and Maintenance 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 Software Licensing and Maintenance 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.2018-09
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
613 day of J AMOA-1ee ,A.D. 2018.
City Clerk
CARLO COLOSIMO ave. — KEN KOCH QqQ
JACKIE MILSCHEWSKI Q (�_ ARDEN JOE PLOCHER
CHRIS FUNKHOUSERJOEL FRIEDERS �
SEAVER TARULIS ave ALEX HERNANDEZ ave,
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 073 day of JAM V�IQY ,A.D. 2018.
Mayor
Attest:
City Clerk
Ordinance No.2018- o
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 Licensing and Maintenance Fees
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 60560(hereinafter referred to as"KenCom")and the United City Of
Yorkville on behalf of the Yorkville Police Department,804 Game Farm Road,Yorkville, Illinois 60560,
(hereinafter referred to as"YPD"). For purposes of this Agreement, KenCom and YPD 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,YPD and 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;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,YPD has requested KenCom to obtain on their behalf software licensing and
hardware for Tyler/New World Mobile Messaging,Tyler/New World Field Based Reporting and/or the
Tyler/New World Records Management System;
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 by
legal counsel for the respective agencies and approved by the respective governing bodies if any.
NOW THEREFORE, in consideration of the premises and 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 Security and Operations 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 Security and Operations Agreement, the order
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 Licensing and Maintenance Fees
of precedence shall be: first,the Assignment;then,this Agreement;and then,the Tyler/New
World Security and Operations Agreement.
3) In the event the Tyler/New World Security and Operations Agreement 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 agrees to reimburse KenCom for initial one-time buy-in costs for Tyler/New World products
listed in Table#1 which will be invoiced by KenCom on April V and will be due no later than (60)
days after YPD's receipt of the invoice.
Table#1—One-Time Initial Buy-In Cost
Qty Description Per Item Amount Total
14 Tyler/New World Software Licenses for Mobile CAD $300 $4,200.00
14 Permanent Mount Hardware for AVL(no annual maintenance) $75 $1,050.00
14 Tyler/New World Software Licenses for Mobile In-Car Mapping $75 $1,050.00
14 Third Party Software Licenses for In-Car Mapping $150 $2,100.00
16 Tyler/New World Field Based Reporting Mobile/Desktop Software $300 $4,800.00
Licenses
16 Tyler/New World Field Based Reporting Field Investigation $75 $1,200.00
Mobile/Desktop Software Licenses
Grand Total One-Time Buy-In Cost $14,400.00
5) YPD agrees to reimburse KenCom within (60)days of purchase for any additional software
and/or equipment procured from Tyler/New World by KenCom on behalf of YPD after the initial
buy-in, provided YPD has requested in writing the additional software and/or equipment
purchase.
6) YPD agrees to reimburse KenCom for on-going annual maintenance costs for software licensing
for Tyler/New World products and Third Party Software listed in Table#1 above according to an
estimated maintenance fee schedule as set forth in the following Table#2:
Table#2—YPD's Annual Maintenance Costs
for the Tyler/New World products and third party software listed in Table#1 above
Year Period Covered Amount
2017 July 1St, 2017—June 30"', 2018 $0
2018 July 1S, 2018—June 30th, 2019 $2,803.50
2019 Jul 1St, 2019—June 30', 2020 $2,887.61
2020 July 1St, 2020—June 30th, 2021 $2,974.23
2021 July 1St, 2021 —June 30 , 2022 $3,063.46
2022 July 1St, 2022—June 30', 2023 $3,155.36
2023 July 1 S, 2023—Jun 30 , 2024 $3,250.02
2024 July 1St, 2024—June 30th, 2025 $3,347.53
2025 July 1 S, 2025—June 30"', 2026 $3,447.95
2026 Jul 1St, 2026—June 30th, 2027 $3,551.39
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 Licensing and Maintenance Fees
The parties agree the calculated annual maintenance costs set forth in Table#2 are based on
the number and type of software license fees listed in Table#1 above. The parties understand
and agree the estimated maintenance fee schedule set forth in Table#2 is subject to change if
KenCom purchases additional Mobile and Field Based Reporting software for YPD's use,
provided YPD has agreed to the additional software purchase on YPD's behalf.
7) Annual maintenance costs will be billed annually by KenCom on April 1St and will be due no later
than (60)days after YPD's receipt of the invoice.
8) YPD agrees to reimburse KenCom for YPD's portion of the Tyler/New World Records
Management System annual maintenance costs for a period of no less than (10)years beginning
on July 1St,2017. YPD's portion of the Tyler/New World Records Management System
maintenance costs will be billed annually by KenCom on April 1St and will be due no later than
(60)days after YPD's receipt of the invoice.
For purposes of this Agreement,the Records Management System includes the software listed
in Attachment B—Fourth Amendment of the KenCom Tyler New World Agreement.
** See Attachment A—Tyler/New World Law Enforcement Records Management System Cost
Sharing Agreement for the agreed upon portion of the Records Management System to be paid
by YPD,which is incorporated by reference herein. **
9) Affected member agencies with a cost sharing agreement for Tyler/New World Records
Management Software will have thirty(30)days to respond to a request for cost sharing
information in regards to agencies interested in joining KenCom. If the affected member
agencies fail to reach consensus within thirty(30)days,the KenCom Finance Committee will
determine what the cost sharing amount will be for the new agency.
10) The parties agree that any modification to this Agreement must be in writing and signed by
authorized individuals on behalf of the undersigned parties.
11) 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
or 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 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.
12) Any notice required or permitted to be given pursuant to this Agreement,with the exception of
invoicing,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,
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 Licensing and Maintenance Fees
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: Ihilt@vorkville.il.us.
Notice shall be effective upon receipt by the other party.
13) 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 party'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.
14) This Agreement's effective date is the last date of execution of the Parties. This Agreement shall
be in effect for a period of two(2)years from the effective date of the Agreement and shall
automatically renew each year for successive one(1)year periods,for up to eight(8)years,
unless YPD gives written notice to cancel the renewal to KenCom at least ninety(90)calendar
days prior to the effective date of the renewal. For purposes of calculating the renewal date,
the renewal date would fall upon the same month and day of the Agreement's effective date.
Upon written notice of intent to cancel the renewal,YPD shall continue to have access to the
Tyler/New World software on KenCom's server for a period of at least eighteen (18) months
from the date such notice is received. KenCom will cooperate with YPD in transferring YPD's
records and data back to YPD in working order. The costs incurred to transfer YPD's records and
data back to YPD shall be borne by YPD. Also, in the event YPD provides written notice to cancel
the renewal,YPD shall be responsible for the remaining amounts set forth in this Agreement.
15) This Agreement supersedes any other prior oral agreements between the parties regarding the
matters set forth in this Agreement.
16) 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.
17) 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 Licensing and Maintenance Fees
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: �0e• w lr6dF- Name: GAP.Y J. C OL146K I
Title:Chairman, KenCom Executive Board Title: M A I O K
Date: /%J= Date: i I o13 g
Signature: Signature: jq;�4ax
Revision Date 11/14/2017 Page 5 of 5
Attachment A—Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement
KenCom's annual maintenance fees associated with the Tyler/New World Law Enforcement Records
Management System are listed in Table #1 below. The annual maintenance costs set forth in Table #1
shall be shared among the police agency members of KenCom using the Tyler/New World Law
Enforcement Records Management Systems during the year when said maintenance cost is due. The
police agencies will determine the cost sharing percentages for each applicable police agency and make
notification to KenCom for the purpose of invoicing. The police agencies listed in Table #2 below agree
to share the total cost of the annual maintenance fees according to the amounts listed in Table#1.
Table#1—On-Going Annual Maintenance Costs Law Enforcement Records Management System
Year Year Period Covered Total Amount
1 2017 July 1St, 2017—June 301h,2018 $141,452
2 2018 July 1St, 2018—June 301h, 2019 $104,000
3 2019 July 1St, 2019—June 30h, 2020 $107,120
4 2020 July 1St, 2020—June 30th,2021 $90,000
5 2021 July 1St, 2021—June 30h, 2022 $92,700
6 2022 July 1St, 2022—June 301h, 2023 $95,481
7 2023 July 1St,2023—June 30h, 2024 $98,345
8 2024 July 1St, 2024—June 30th, 2025 $101,296
9 2025 July 1St,2025—June 30h,2026 $104,335
10 2026 July 1St, 2026—June 30th, 2027 $107,465
Table#2—Cost Sharing of the Law Enforcement Records Management System
Year Police Agencies Percentage Split
Total Amount
2017 Montgomery Police Department(RMS+ FBR) $76,525.00
Kendall County Sheriff's Office (RMS) (55%of remaining bal.)$ 35,709.85
Oswego Police Department(RMS) (15%of remaining bal.)$9,739.05
Yorkville Police Department(RMS) (15%of remaining bal.)$9,739.05
Plano Police Department(RMS) (15%of remaining bal.)$9,739.05
2018 Montgomery PD(RMS+FBR) $ 37,125.19
Montgomery PD IT Service Cost $4,000.00
Kendall County Sheriffs Office (RMS) (55%of remaining bal.)$36,781.15
Oswego Police Department(RMS) (15%of remaining bal.)$10,031.22
Yorkville Police Department(RMS) (15%of remaining bal.)$10,031.22
Plano Police Department(RMS) (15%of remaining bal.)$10,031.22
2019 Montgomery PD(RMS+ FBR) $ 38,238.95
Montgomery PD IT Service Cost $4,000
Kendall County Sheriffs Office (RMS) (55%of remaining bal.)$37,884.57
Oswego Police Department(RMS) (15%of remaining bal.)$10,332.16
Yorkville Police Department(RMS) (15%of remaining bal.)$10,332.16
Plano Police Department(RMS) (15%of remaining bal.)$10,332.16
2020 Montgomery PD(FBR—Base Module) $2,065.25
Montgomery PD(FBR—Accident Investigation) $1,548.94
Montgomery PD(FBR—Demographic Profiling) $387.24
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$12,899.78
Revision Dated 11/14/2017 Page 1 of 3
Attachment A—Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement
Oswego Police Department(RMS) (15%of RMS Maintenance)$12,899.78
Yorkville Police Department(RMS) (15%of RMS Maintenance)$12,899.78
Plano Police Department(RMS) (15%of RMS Maintenance)$12,899.78
Kendall County Sheriff's Office(RMS) (40%of RMS Maintenance)$34,399.45
2021 Montgomery PD(FBR—Base Module) $2,127.21
Montgomery PD(FBR—Accident Investigation) $1,595.41
Montgomery PD(FBR—Demographic Profiling) $398.86
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$13,286.78
Plano Police Department(RMS) (15%of RMS Maintenance)$13,286.78
Oswego Police Department(RMS) (15%of RMS Maintenance)$13,286.78
Yorkville Police Department(RMS) (15%of RMS Maintenance)$13,286.78
Kendall County Sheriffs Office(RMS) (40%of RMS Maintenance)$35,431.40
2022 Montgomery PD(FBR—Base Module) $2,191.03
Montgomery PD(FBR—Accident Investigation) $1,643.27
Montgomery PD(FBR—Demographic Profiling) $410.82
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$13,685.38
Plano Police Department(RMS) (15%of RMS Maintenance) $13,685.38
Oswego Police Department(RMS) (15%of RMS Maintenance)$13,685.38
Yorkville Police Department(RMS) (15%of RMS Maintenance)$13,685.38
Kendall County Sheriff's Office(RMS) (40%of RMS Maintenance)$36,494.36
2023 Montgomery PD(FBR—Base Module) $2,256.76
Montgomery PD(FBR—Accident Investigation) $1,692.57
Montgomery PD(FBR—Demographic Profiling) $423.15
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$14,095.88
Plano Police Department(RMS) (15%of RMS Maintenance)$14,095.88
Oswego Police Department(RMS) (15%of RMS Maintenance)$14,095.88
Yorkville Police Department(RMS) (15%of RMS Maintenance)$14,095.88
Kendall County Sheriffs Office (RMS) (40%of RMS Maintenance)$37,589.00
2024 Montgomery PD(FBR—Base Module) $2,324.46
Montgomery PD(FBR—Accident Investigation) $1,743.35
Montgomery PD(FBR—Demographic Profiling) $435.84
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$14,518.85
Plano Police Department(RMS) (15%of RMS Maintenance)$14,518.85
Oswego Police Department(RMS) (15%of RMS Maintenance)$14,518.85
Yorkville Police Department(RMS) (15%of RMS Maintenance)$14,518.85
Kendall County Sheriff's Office (RMS) (40%of RMS Maintenance)$38,716.95
2025 Montgomery PD(FBR—Base Module) $2,394.20
Montgomery PD(FBR—Accident Investigation) $1,795.65
Montgomery PD(FBR—Demographic Profiling) $448.92
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$14,954.44
Plano Police Department(RMS) (15%of RMS Maintenance)$14,954.44
Oswego Police Department(RMS) (15%of RMS Maintenance)$14,954.44
Revision Dated 11/14/2017 Page 2 of 3
Attachment A—Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement
Yorkville Police Department(RMS) (15%of RMS Maintenance)$14,954.44
Kendall County Sheriff's Office (RMS) (40%of RMS Maintenance)$39,878.47
2026 Montgomery PD(FBR—Base Module) $2,466.02
Montgomery PD(FBR—Accident Investigation) $1,849.52
Montgomery PD(FBR—Demographic Profiling) $462.39
Montgomery PD(IT Service Cost) $4,000.00
Montgomery Police Department(RMS) (15%of RMS Maintenance)$15,403.06
Plano Police Department(RMS) (15`Yo of RMS Maintenance)$15,403.06
Oswego Police Department(RMS) (15%of RMS Maintenance)$15,403.06
Yorkville Police Department(RMS) (15%of RMS Maintenance)$15,403.06
Kendall County Sheriffs Office (RMS) (40%of RMS Maintenance)$41,074.83
Kendall County Emergency Phone Service and
Communications Board United City Of Yorkville, Illinois
Name: dr3' , �� /T Name: G-101eY J. COLIs�SK�
Title:Chairman, KenCom Executive Board Title: M AYOK.
Date: !'l/S Date:
Signature: Signature:
Revision Dated 11/14/2017 Page 3 of 3