Resolution 2022-22 Resolution No. 2022-22
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND THE
KENCOM EXECUTIVE BOARD/KENDALL COUNTY EMERGENCY PHONE SERVICE
AND COMMUNICATIONS BOARD
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "Yorkiville'), is
a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970
Illinois Constitution and the Illinois Municipal Code, as from time to time amended (65 ILCS
5/65-1-1-2, et seq.); and,
WHEREAS, KenCom Executive Board/Kendall County Emergency Phone Service and
Communications Board is an agency of Kendall County, Illinois ("KenCom"); 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 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 10 of the Illinois Constitution of 1970 which are authorized to enter into
intergovernmental agreements pursuant to the Intergovernmental Cooperation Act; and
WHEREAS, KenCom has contracted with Flock Group, Inc. for cameras and related
Automatic License Plate Reader software (ALPR) that will provide for automatic license plate
detection and upon detection create images and recordings; and,
WHEREAS, Yorkville acknowledges that KenCom will establish an account with Flock
Group, Inc., for the benefit of Yorkville to access the data created. In addition, Yorkville will
comply with all restrictions and regulations as stated by Flock Group, Inc. and agree to enter into
Resolution No.2022-22
Pagel
an Intergovernmental Agreement,in the form attached hereto,which will provide an arrangement
to facilitate the use of the ALPR by Yorkville in assessing the ALPRA database.
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 recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Section 2. The Intergovernmental Agreement between the United City of Yorkville and
the KenCom Executive Board/Kendall County Emergency Phone Service and Communications
Board, in the form attached hereto and made a part hereof,is hereby approved and the Chief of the
United City of Yorkville Police Department is hereby authorized to execute said Agreement.
Passed by the City Council of the United City of Yorkville, Kendall County,Illinois this
24th day of May,A.D. 2022.
CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Resolution No.2022-22
Page2
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this d day of I\A CIA,1
, A.D. 2022.
MAYOR
Attest:
V3e-i\_12,(A-tei(
CIT CLERK
Resolution No.2022-22
Page3
UNITED CITY OF YORKVILLE AND KENCOM EXECUTIVE BOARD/KENDALL COUNTY EMERGENCY PHONE
SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT—AUTOMATIC LICENSE PLATE READER
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as "IGA") is hereby
entered into by and between the KenCom Executive Board/Kendall County Emergency Phone Service
and Communications Board, hereinafter referred to as"KenCom", 1100 Cornell Lane,Yorkville,
Illinois,60560,and the United City of Yorkville,shall hereinafter be referred to as Yorkville,800 Game
Farm Road,Yorkville, Illinois 60560. For purposes of this IGA,the KenCom Executive Board/Kendall
County Emergency Phone Service and Communications Board 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 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 contracted with Flock Group, Inc.for ten (10)cameras and related
Automatic License Plate Reader software(ALPR),that will provide for automatic license plate detection
and upon detection create images and recordings;and
WHEREAS,Yorkville understands that multiple agencies will have access to the data created by
KenCom's contract with Flock Group Inc. and that Yorkville meets or exceeds the criteria necessary for
access to this data as determined by KenCom;and
WHEREAS,Yorkville acknowledges that KenCom will establish an account with Flock Group, Inc.,
for the benefit of Yorkville to access the data created. In addition,Yorkville will comply with all
restrictions and regulations as stated by Flock Group, Inc.as identified in Exhibit A;and
WHEREAS,the Flock Group, Inc. has represented to KenCom the importance of sharing this
data,for criminal investigative purposes, between entities that have a current account,contract or
Memorandum of Understanding with Flock Group, Inc.;and
WHEREAS, KenCom and Yorkville agree that there is value in sharing the data created by ALPR,
for the purpose of criminal investigations,with other agencies that have a current account,contract or
Memorandum of Understanding with Flock Group, Inc.and that do not have Intergovernmental
Agreements with KenCom;and
WHEREAS,the ALPR software will be operated on the ALPR web site;and
WHEREAS,Yorkville and KenCom desire to enter into this IGA in order to provide an
arrangement which would facilitate the use of the ALPR Software by Yorkville for the purpose of
accessing the ALPR database;and
WHEREAS,the parties that have executed this IGA have the requisite authority to execute this
Date 04/28/22 Page 1 of 5
UNITED CITY OF YORKVILLE AND KENCOM EXECUTIVE BOARD/KENDALL COUNTY EMERGENCY PHONE
SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT—AUTOMATIC LICENSE PLATE READER
IGA and intend by the execution of this IGA to bind KenCom and Yorkville respectively to the terms of
this IGA;and
WHEREAS,the parties to this IGA have each had ample opportunity to review this IGA with
their respective governing bodies, if any,and that this IGA has been reviewed by legal counsel for the
respective agencies and approved by the respective governing bodies,if any;and
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. Yorkville will be permitted to use their ALPR account with Flock Group, Inc.,created by
KenCom,to access the ALPR database.
3. All connectivity charges, including hardware,software,services and security incurred in
connection with Yorkville's use of the ALPR software,will be at the cost of Yorkville and will
be paid directly by Yorkville.
4. KenCom and Yorkville 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 ALPR system.
5. Yorkville will administer all aspects of Yorkville's use of the ALPR software including, but not
limited to,the issuance of passwords,the authorization of new users,the discontinuation of
access of unauthorized users,the assignment of security levels and all other administrative
aspects of Yorkville's use of the ALPR software.
6. Only authorized personnel are allowed to use and access the ALPR software and database.
Authorized personnel are those persons who maintain current certification of the Law
Enforcement Agencies Database(LEADS)and have been granted access by Yorkville.
7. KenCom and Yorkville agree that KenCom should be allowed to share their database,of ALPR
records,created from the hardware and software of Flock Group, Inc.,with other agencies
that do not have an Intergovernmental Agreement with KenCom, provided such agency has a
current account,contract or Memorandum of Understanding with Flock Group, Inc.
8. When a FOIA request is made to either KenCom or Yorkville,and the information requested
is being retained by both entities,the entity receiving the FOIA request shall,as soon as
possible, notify the other. The entity receiving the FOIA request shall bear the obligation of
complying with the FOIA request.
9. 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
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UNITED CITY OF YORKVILLE AND KENCOM EXECUTIVE BOARD/KENDALL COUNTY EMERGENCY PHONE
SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT—AUTOMATIC LICENSE PLATE READER
other than as may be required by a court issued subpoena or as mandated under the
Freedom of Information Act. For purposes of this IGA,confidential information shall include
any and all information contained in the ALPR database. Each party shall adhere to Flock
Group, Inc.Contract Section 4.Confidentiality;Agency Data; Non-Agency Data,"Exhibit A".
10. Yorkville and KenCom must have appropriate written standards/policies for the use of the
ALPR system which will include the following mandatory minimum criteria: The Reason Code
Field in the Flock Group Inc.software query must be completed for all ALPR inquires,
minimum recurring 60-day audits on all ALPR queries, Law Enforcement Agencies Data
System (LEADS) certification is required for all ALPR users,and a confidentiality statement.
Audits will be reviewed to determine appropriate use of the ALPR System by authorized
users. Yorkville management and supervisory personnel must understand the responsibilities
associated with use of the ALPR system and ensure compliance with those written
standards/policies,as well as compliance with any standards or regulations established by
Flock Group Inc.,and conveyed to Yorkville in"Exhibit A". Failure to meet the required
standards will cause KenCom to temporarily suspend access to the Flock software and
database until Yorkville remedies the situation causing them to be out of compliance.
KenCom shall inform the Yorkville of any failures to meet such standards as soon as
practicable.
Any agency,that has an account,contract or Memorandum of Understanding with Flock
Group, Inc.,and that is requesting ALPR data, regardless of whether they have an
Intergovernmental Agreement with KenCom or not,shall submit to the above or similar
requirements through their account,contract of Memorandum of Understanding with Flock
Group, Inc.
11. Yorkville agrees to reimburse KenCom within(60)days of purchase for any additional ALPR
cameras, procured from the ALPR vendor by KenCom on behalf of Yorkville, provided
Yorkville has requested in writing to lease additional ALPR cameras.
12. The term of this IGA will be twelve(12) months from the date that the last camera is
contracted for on behalf of Yorkville unless sooner impacted by Flock Group Inc. KenCom will
send notification to Yorkville 90 days before an ALPR camera agreement expires. Yorkville
must notify KenCom in writing within 60 days of the end of the agreement of their intent to
discontinue an ALPR camera. Failure of Yorkville to make notification will result in automatic,
annual renewals of twelve(12)month agreements at the then current vendor rate for which
KenCom will then bill Yorkville. Yorkville will reimburse KenCom within(60)days of renewals.
13. Yorkville may request that cameras be relocated or added. In the event,cameras are added
or relocated,the installation fees and/or relocation fees of ALPR cameras are at the sole
expense of the requesting agency and will be paid by Yorkville directly unless the work is
performed by the ALPR vendor, in which case,Yorkville will reimburse KenCom within 60
days of the date of invoice. The relocation of cameras that are purchased on behalf of
KenCom that are not reimbursed by any agency are subject to approval by the KenCom
Executive Board.
Date 04/28/22 Page 3 of 5
UNITED CITY OF YORKVILLE AND KENCOM EXECUTIVE BOARD/KENDALL COUNTY EMERGENCY PHONE
SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT—AUTOMATIC LICENSE PLATE READER
14. The parties agree that any modification to the IGA must be in writing and signed by
authorized individuals on behalf of the undersigned parties. However, in the event that Flock
Group Inc. requires that KenCom modify its'agreement with KenCom,the parties to this IGA
will modify this IGA accordingly.
15. This IGA shall not be assigned without the prior written consent of the parties. In any action
with respect to this IGA,the parties are free to pursue any legal remedies at law of in equity.
All terms and provisions of this IGA 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 IGA shall be Kendall County, Illinois. If any provision of this IGA
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
IGA,and in either case the validity,legality and enforceability of the remaining provisions of
this IGA shall not in any way be affected or impaired thereby.
16. Any notice required or permitted to be given pursuant to this IGA,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 Admin@KenCom911.com;and, in the case of notice to the
United City of Yorkville,send to James Jensen,Chief of Police,804 Game Farm Road,
jjensen@yorkville.il.us. Notice shall be effective upon receipt by the other party.
17. 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. In the event that Yorkville's
conduct causes a default of the contract with Flock Group, Inc.,Yorkville shall indemnify and
hold KenCom harmless against any damages, losses, liabilities,settlements and expenses
(including without limitation costs and attorneys'fees) in connection with any claim or action
arising out of the breach of the Flock Group, Inc.Agreement caused by Yorkville.
18. This IGA supersedes any other prior oral IGAs between the parties regarding the matters set
forth in this IGA.
19. Nothing contained in this IGA, nor any act of the parties pursuant to this IGA shall be deemed
or construed to create any joint employer relationship.
Date 04/28/22 Page 4 of 5
UNITED CITY OF YORKVILLE AND KENCOM EXECUTIVE BOARD/KENDALL COUNTY EMERGENCY PHONE
SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT—AUTOMATIC LICENSE PLATE READER
20. This IGA 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 IGA.
IN WITNESS WHEREOF,the parties hereto have caused this Intergovernmental IGA to be
executed by their duly authorized officers on the below date.
KenCom Executive Board/Kendall County
Emergency Phone Service and Communications
Board United City of Yorkville
Name: '1‘044 wirge Name: To 11 h Purc e l l
Title:Chairman, KenCom Executive Board Title: M £X\l DI"
Date: O6- '$ 2 z Date: 5l911 a a
Signature: Signature:
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