Resolution 2019-26 Resolution No. 2019-26
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE AND KENDALL COUNTY EMERGENCY PHONE SERVICE
AND COMMUNICATIONS BOARD(2019)
WHEREAS, the United City of Yorkville, Kendall County, Illinois ("City"), is a duly
organized and validly existing unit of local government created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of this State; and,
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 prohibit by law or by ordinance and may use their credit,revenues, and other resources to pay
costs related to intergovernmental activities; and,
WHEREAS, pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,
the City and Kendall County Emergency Phone Service and Communications Board("KenCom"),
Kendall County, and the Township are authorized to enter into an agreement for the joint
performance of any powers,privileges, functions or authority which may be exercised by a public
agency of the State of Illinois; and,
WHEREAS, the KenCom has entered into a contract with AT&T for IP Flexible Reach
on behalf of its participating agencies, of which the City is one, to have emergency phone lines
ring directly into both KenCom's primary dispatch center and its backup dispatch center(Grundy
County 9-1-1 Center)to better serve its participating agencies; and,
WHEREAS,in order to proceed,KenCom has requested its participating agencies to enter
into an Intergovernmental Agreement to provide KenCom with authorization to enter into a three
Resolution No.2019-26
Page 1
(3) year contract with AT&T to make the required phone line changes and to commit the City to
share in the monthly cost of such new line; and,
WHEREAS, the City deems it desirable to enter into this Intergovernmental Agreement
with KenCom in order to give its residents the best possible emergency services.
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 the Intergovernmental Agreement between the United City of Yorkville,
Illinois and Kendall County Emergency Phone Service and Communications Board (2019), is
hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said
Agreement on behalf of the United City of Yorkville.
Section 2. The Mayor and City Clerk are hereby authorized and directed to undertake any
and all actions as may be required to implement the terms of said Agreement.
Section 3. 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 10`"day of September, A.D. 2019. ��00
vl �
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS ABSENT JASON PETERSON AYE
Resolution No.2019-26
Page 2
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 13'3 day of SEEM�Ci�Et2, A.D. 2019.
Mayor
Attest:
City Clerk
Resolution No.2019-26
Page 3
UNITED CITY OF YORKVILLE AND
KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2019)—IP Flexible Reach
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,800 Game Farm Road,Yorkville, Illinois 60560,(hereinafter referred to as"Yorkville"). For
purposes of this Agreement, KenCom and Yorkville 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,Yorkville and KenCom are units of local government within the meaning of Article VII,
Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental
agreements pursuant to the Intergovernmental Cooperation Act;and
WHEREAS,KenCom has entered into a contract with AT&T for IP Flexible Reach on behalf of
the participating agencies that have phone lines that ring directly into KenCom,attached as Exhibit A
to this IGA,that will allow all phone lines to ring at both KenCom's primary dispatch center and
KenCom's backup dispatch center(Grundy County 9-1-1 Center).;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 Yorkville
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) The participating agencies agree to reimburse KenCom for the monthly charges listed in Table 1
of item#4 of this IGA during the three(3)year AT&T contract period and any escalating
percentage increases thereafter that AT&T imposes on KenCom for subsequent renewal periods
to the original three(3)year contract.
3) IP Flexible Reach costs will be billed quarterly by KenCom and will be due no later than(60)days
after Yorkville's receipt of the invoice.
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UNITED CITY OF YORKVILLE AND
KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2019)—IP Flexible Reach
4) Table#1 below provides the cost amounts for the initial three(3)year AT&T contract term.
Prices reflect participation from all agencies listed in the table. Non-participation by a listed
agency will result in a higher share amount for the remaining agencies.
Table#1—Monthly Fee Cost Sharing for the IP Flexible Reach Contract Monthly Total$748.44
Year Agencies
Bristol Kendall Fire Protection District $38.52/month
Oswego Fire Protection District $38.52/month
Kendall County $363.28/month
2019 Sandwich Fire Protection District $38.52/month
Village of Oswego $115.56/month
United City of Yorkville $38.52/month
City of Plano $38.52/month
Village of Montgomery $77.04/month
5) The parties agree that any modification to this Agreement must be in writing and signed by
authorized individuals on behalf of the undersigned parties.
6) 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.
7) 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,
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 United City Of Yorkville,send to
Chief of Police James Jensen,800 Game Farm Road,Yorkville,Illinois 60560,
(jjensen@yorkville.il.us). Notice shall be effective upon receipt by the other party.
8) 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,
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UNITED CITY OF YORKVILLE AND
KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT(2019)—IP Flexible Reach
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.
9) The effective date of this agreement shall be the date upon which the agreement becomes
binding, namely,the date upon which both parties have executed this Agreement. This
Agreement shall be in effect for a period of three(3)years from the effective date of the
Agreement and shall automatically renew each year for successive one(1)year periods until
Yorkville 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.
10) This Agreement supersedes any other prior oral agreements between the parties regarding the
matters set forth in this Agreement.
11) 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.
12) 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.
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: 6SZerraVV1 F. w )J- Name: JOk4NI ?URC.ELL
Title:Chairman, KenCom Executive Board Title: flYok.
Date: 09 '19 / Date: 9 1 / y
Signature: Signature: js-
II
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