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Resolution 2020-76 Resolution No. 2020-76 RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE KENDALL COUNTY CIRCUIT CLERK (ELECTRONIC CITATION SOFTWARE "BRAZOS") 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 City supports law enforcement partnerships to enhance the level of police services of the Yorkville Police Department; and, WHEREAS, it is in the best interest of the United City of Yorkville to approve the agreement substantially in the form attached hereto marked 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: INCORPORATION OF RECITAL That the recitals set forth above are incorporated here by reference. Section 2: SUPPORT FOR AGREEMENT The Mayor and City Council hereby approve the Intergovernmental Agreement between the United City of Yorkville and the Kendall County Circuit Clerk regarding Electronic Citation Software"Brazos" substantially in the form attached as "Exhibit A"and the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City. Section 3: REPEALER All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution shall be, and the same hereby repealed. Section 4: SEVERABILITY This Resolution and every provision thereof shall be considered severable. If any section,paragraph, clause or provision of this resolution is declared by a court of law to Resolution No.2020-76 Page 1 be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this Resolution. Section 5: EFFECTIVE DATE That this resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this o20day of 1JOVF-tK6&e- , A.D. 2020. 0G CITY CLERK KEN KOCH tq 656147' DAN TRANSIER 14 Yt JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER PYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS A YE SEAVER TARULIS AYE JASON PETERSON A YE. APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this o1'q�'day of dOVE-W&P, , A.D. 2020. 1 MAYOR Attest: CITY CLERK Resolution No.2020- No Page 2 INTERGOVERNMENTAL AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND KENDALL COUNTY,ILLINOIS,CIRCUIT CLERK THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as "Agreement") is hereby entered into by and between the Kendall County Circuit Clerk(hereinafter referred to as "the Circuit Clerk")and the United City of Yorkville, (hereinafter referred to as"City of Yorkville")on behalf of itself and its police department(hereinafter referred to as "YPD"). WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., allows public agencies, as defined by the Act,to enter into intergovernmental agreements in order to share powers, privileges, or functions; and WHEREAS, the Kendall County Emergency Phone Service and Communications Board (hereinafter referred to as "KenCom") previously acquired computer software and hardware from Tyler/New World, including, but not limited to, Computer Aided Dispatch (CAD), Mobile Messaging, Mobile crash reporting, 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, KenCom and the City of Yorkville previously entered into an agreement whereby KenCom agreed to order additional software from Tyler/New World that processes Brazos eCitation (hereinafter referred to as "eCitation software"), which allows for traffic citations to be electronically filed with the Circuit Clerk(a description of the eCitation software is attached to this Agreement as Exhibit A) on the condition that the City of Yorkville would reimburse KenCom for the YPD's use of the Tyler/New World software and the cost of the eCitation software; and WHEREAS, the Circuit Clerk is the custodian, ex officio, of the Circuit Court Clerk Electronic Citation Fund. 705 ILCS 135/10-5(d)(9)(the"Fund")which"shall be used to perform the duties required by the office for establishing and maintaining electronic citations." 705 ILCS 135/10- 5(d)(9); and WHEREAS, in order to facilitate the acquisition of eCitation software and the implementation of the system, the City of Yorkville has agreed to advance the cost of the eCitation software to KenCom in the amount of$48,230.00;and WHEREAS,pursuant to the further terms of this Agreement,the Circuit Clerk will reimburse the City of Yorkville$21,900.00 for its share of the one-time buy-in costs of the eCitation software; and WHEREAS, reimbursing the City of Yorkville for its portion of the expense related to the eCitation software will serve to establish and maintain electronic citations; and WHEREAS,the Circuit Clerk and the City of Yorkville agree to the following arrangement for the reimbursement of expenses related to the eCitation software. 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 City of Yorkville shall advance the cost of the eCitation software in the amount of$48,230.00 and receive reimbursement of$21,900.00 3) The Circuit Clerk agrees to reimburse the City of Yorkville, from the Circuit Court Clerk Electronic Citation Fund, the initial one-time buy-in costs for the Tyler/New World products and services listed in Table#1 (Cost Breakdown). The costs will be invoiced by KenCom or Tyler/New World to the City. Table#1—Cost Breakdown Brazos Services/Products Quantity Cost w/discount Project Management 1 $1,000.00 Set-Up& Configuration 1 $6,500.00 Framework 1 $11,475.00 Jano Interface Fee 1 $2,925.00 Total Circuit Clerk Cost 1 $21,900.00 4) Upon receipt of an Invoice for the costs of the eCitation software (the "Invoice") from KenCom or Tyler/New World in the amount of$48,230.00, the City of Yorkville agrees to pay the Invoice within 30 days. Thereupon, the City shall notify the Circuit Clerk in writing of the payment of the Invoice. Within thirty (30) days of receiving such written notice,the Circuit Clerk shall notify the Kendall County Treasurer,in writing,to reimburse the City the sum of$21,900.00 as and for its initial one-time buy-in cost. Alternatively, upon receipt of said Invoice by the City,the City shall forward said Invoice to the Circuit Clerk who shall direct the Kendall County Treasurer to pay said Invoice from the Circuit Court Clerk Electronic Citation Fund and thereafter the City shall reimburse the Fund $26,330.00. 5) The City of Yorkville agrees to pay the on-going annual maintenance costs for software licensing of Tyler/New World products and Third-Party Software listed in Table #1 (Cost Breakdown) above according to an estimated maintenance fee schedule as set forth in the following Table#2(Annual Maintenance Costs): Table#2—Annual Maintenance Costs Brazos Services/Products Quantity Annual Cost Brazos Hosting Fee 1 $1,575.00 eCitation Framework(for 15 units) 1 $2,678.00 Interface with Jano 1 $683.00 Total $4,936.00 The parties agree the calculated annual maintenance costs set forth in Table #2 (Annual Maintenance Costs)are based on the number and type of software license fees listed above. The parties understand and agree the estimated maintenance fee schedule set forth in Table #2 (Annual Maintenance Costs) is subject to change if KenCom purchases additional eCitation software for YPD's use,provided the Circuit Clerk has agreed in writing to pay the additional software fees. 6) Annual maintenance costs will be invoiced annually by KenCom or Tyler/New World to YPD or the City on April 1 (the"Maintenance Invoice"). 7) Upon receipt of the Maintenance Invoice from KenCom or Tyler/New World for the City's share of the annual maintenance costs, the City agrees to pay the Maintenance Invoice. Thereupon, the City shall notify the Circuit Clerk in writing of the payment of the Maintenance Invoice. Within thirty(30)days of receiving such written notice,the Circuit Clerk shall notify the Kendall County Treasurer, in writing, to reimburse the City for its share of the annual maintenance costs. Alternatively, upon receipt of said Invoice by the City, the City shall forward said Invoice to the Circuit Clerk who shall direct the Kendall County Treasurer to pay the entire Maintenance Invoice from the Circuit Court Clerk Electronic Citation Fund and the City shall reimburse the Fund for its portion. 8) This Agreement shall be in effect for a term often (10) years beginning on Either the Circuit Clerk or City of Yorkville shall have a 30-day time period each year during which it may cancel the Agreement without penalty. The Agreement may be cancelled by either the Circuit Clerk or City of Yorkville by providing notice to the other party at any time in the 30(Thirty)days preceding March 1 each year. 9) The reimbursements from the County Treasurer to the City of Yorkville set forth in this Agreement shall be paid solely from the Circuit Court Clerk Electronic Citation Fund. If, at any time,the balance of the Circuit Court Clerk Electronic Citation Fund is insufficient to make any payment anticipated or required by this Agreement, the Circuit Clerk agrees to provide prompt written notice of said insufficiency to the City of Yorkville. In the event of insufficiency of funds in the Circuit Court Clerk Electronic Citation Fund, either the Circuit Clerk or City of Yorkville has the right to terminate the Agreement upon providing thirty(30) days written notice to the other party. No additional payments, penalties and/or early termination charges shall be required upon termination of the Agreement. 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 the Circuit Court of the 23`d Circuit, 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 ofthe 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 the Circuit Clerk send to, 807 West John St., Yorkville, IL 60560, fax(630)553-4964, email ringemunsonkco.kendall.il.us; and, in the case of notice to the City of Yorkville send to Yorkville Police Department, Attention Chief of Police, 804 Game Farm Road, Yorkville, IL 60560, fax - (630)553-1141, email iiensen ,yorkville.il.us. Notice shall be effective upon receipt by the other party. 13)This Agreement supersedes any other prior oral agreements between the parties regarding the matters set forth in this Agreement. 14)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. 15)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 Circuit Clerk Yorkville Police Department, Illinois Name: Robyn Ingemunson Name: James Jensen Title:Kendall County Circuit Clerk Title:Chief of Police 1 4�L� 1%1 2-s r Z� Date: Date: Signature: Signature: The City of Yorkville, Illinois J044-1 I?URCE.LL Name: MAYoP, Title: 11 a aoao Date: Signature: Exhibit A Brazos eCitation software is described herein as: The Brazos eCitation solution is an end-to-end, electronic citation solution which provides tremendous flexibility, a high level of data security and integrity, and scalability for the future. Brazos provides the ticket Writers/printers(can be any portable device or fixed MDT)and peripheral devices for the officers(for electronic citations, accident reports,parking, signature capture, fingerprint capture, etc.);the back-end software for central review, reporting, and administrative functions; and court-specific features for standardizing all citation processing using a web-based server. Brazos is completely device-independent. The software may be run on handhelds, laptops/MDCs,cell phones, and more—any device with a Windows,Android, or IOS operating system can run the Brazos solution. Brazos is a complete eCitation solution which includes a very robust backend capability that is not found with other solutions. Some examples of those capabilities are: • Complete control over every drop-down in the applications from the website(i.e. locations, offenses,officers, etc.). • Full administrative control over all users and devices to control which users can view or modify all data fields. • Citation Detail Reports which look exactly like the violator copy and can optionally print with the photographs, fingerprints, signatures,video and/or audio notes. • Complete control over the citation numbers including complete audit reports to account for all citation numbers. • Web-based Citation Entry Screen for entry of any paper tickets. This will allow all reports to be complete as well as retaining all electronic interfaces for `paper' tickets. • Detailed statistical reporting for the officers such as count reports, location reports, selective traffic enforcement reports,racial profiling reports and many others. • Complete history of each device including number of tickets,who was logged in, last sync dates, and any errors or activities performed on those devices. • Detailed workflow for citations that can include approvals,rejections, and current status of each record with regards to each export. • Interfaces to back-end systems(Court and Police Records)to automate and increase efficiencies within multiple departments. The Brazos eCitation software and integration with existing Tyler software in place and use by both KenCom and YPD will allow for a complete electronic transfer of data from the issuing deputy to the clerk's office seamlessly.