Loading...
Ordinance 2024-32 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-32 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND KENDALL COUNTY, ILLINOIS FOR GEOGRAPHIC INFORMATION SYSTEMS SERVICES Passed by the City Council of the United City of Yorkville, Kendall County,Illinois This 91' day of July, 2024 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on July 11,2024. Ordinance No. 2024-32 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND KENDALL COUNTY, ILLINOIS FOR GEOGRAPHIC INFORMATION SYSTEMS SERVICES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") and Kendall County, Illinois (the "County") are units of local government; and WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., (collectively, the "Authority") authorize units of local government to contract or otherwise associate amongst themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law; and WHEREAS, the County provides Geographical Information Systems ("GIS") data services for municipalities located within the County, such services including access to the County's GIS portal, maintenance of municipal GIS data, and updating municipal GIS data (the "GIS Services"); and WHEREAS, the GIS Services are provided at a reasonable cost with efficient project completion times; and WHEREAS, the City is located within Kendall County and desires to take advantage of the County's GIS Services and therefore to enter into an Intergovernmental Agreement for the County to provide GIS Services to the City, attached hereto as Exhibit "A", in furtherance of the stated goals and desires set forth above. NOW, THEREFORE, BE IT ORDAINED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein by reference as though fully set forth. Section 2. That the Intergovernmental Agreement for Geographic Information Systems (GIS) Services, attached hereto and made a part hereof by reference, is hereby approved. Ordinance No. 2024-32 Page 2 Section 3. This ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 91h day of July, A.D. 2024. 1 j Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of TV( , A.D. 2024. MAYOR Attest: d T CLERK Ordinance No. 2024-32 Page 3 INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES THIS INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES ("the Agreement") is by and between the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and the United City of Yorkville. WITNESSETH: 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, Kendall County and United City of Yorkville (the "parties") 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, 5 ILCS 220/1 et seq.; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any county may participate in an intergovernmental agreement under this Act notwithstanding the absence of specific authority under the State law to perform the service involved, provided that the unit of local government contracting with Kendall County has authority to perform the service; and WHEREAS, in an effort to reduce costs to the taxpayers of Kendall County, the parties hereby enter into this intergovernmental agreement wherein Kendall County agrees to provide certain GIS support services for the United City of Yorkville; and NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: I. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this paragraph 1. 2. Kendall County agrees to provide the following GIS support services to the United City of Yorkville pursuant to the terms of this Agreement, including: a. To provide access to GIS portal, b. To provide GIS data maintenance to the United City of Yorkville's data, c. To update the United City of Yorkville's GIS data throughout the United City of Yorkville's Service Area, d. To permit Kendall County GIS staff to attend training for GIS systems, provided the United City of Yorkville and Kendall County pre-approve the training, the training schedule, and all training and related travel expenses. e. To provide GIS services outlined in Paragraphs 2a-d above for the United City of Yorkville's special service projects, when requested by the United City of Yorkville, and upon receiving at least 60 calendar days prior notice of the need for Kendall County staff to support any non-emergency special service project. f. To track time spent performing services outlined above in Paragraph's 2-a-e and to generate a quarterly invoice for all the United City of Yorkville approved GIS services. 3. As consideration for the services to be performed pursuant to the terms of this Agreement,the United City of Yorkville agrees to the following: a. Any GIS support services provided by Kendall County must be pre-approved by the United City of Yorkville and shall be billed to the United City of Yorkville at a rate of $60 per hour. Municipality shall make payments on quarterly invoices prepared by Kendall County staff. b. To pay for all training and associated travel expenses for Kendall County's employees to attend training about GIS systems, provided the training and associated travel expenses are pre-approved by the United City of Yorkville and Kendall County. the United City of Yorkville agrees to reimburse Kendall County for such expenses. c. To promptly reimburse Kendall County for all other expenses that Kendall County incurs on the United City of Yorkville's behalf while performing the GIS support services set forth above in this intergovernmental agreement the United City of Yorkville agrees to reimburse Kendall County for such expenses. Kendall County agrees to notify the United City of Yorkville prior to incurring any billable expense,except in the event of an emergency in which case Kendall County agrees to notify the United City of Yorkville about the billable expense as soon as practicable. d. To make all payment in accordance with the Illinois Local Government Prompt Payment Act, as amended (50 ILCS 50511 et seq.) except as expressly set forth in Paragraphs 3(a)through 3(c)of this this Agreement,the parties agree that the United City of Yorkville shall not be responsible for labor costs and County resources (i.e., computers, networks,telephones, etc.) incurred by the County's employees while the County employees perform the services set forth in this Agreement. 4. The United City of Yorkville understands and agrees that Kendall County maintains sole and absolute discretion whether to provide to the United City of Yorkville the GIS support services listed in Paragraph 2. the United City of Yorkville understands and agrees that Kendall County's ability to provide the GIS services listed in Paragraph 2 is contingent on Kendall County's maintaining sufficient software, hardware, employees, licenses, subscriptions, services, and equipment. If Kendall County, in its sole discretion, determines it lacks sufficient software, hardware, employees, licenses, subscriptions, services, or equipment to provide any of the GIS services, Kendall County shall not be under any obligation to provide the GIS services nor shall Kendall County be obligated to maintain sufficient software, hardware, employees, license, subscriptions, services, and equipment. Kendall County shall make all decisions regarding the acquisition or hiring of all software, hardware, employees, licenses, subscriptions, services, and equipment. 5. Kendall County does not guarantee the accuracy of any of the GIS support services it may provide to the United City of Yorkville. To the fullest extent permitted by law, Kendall County disclaims all express or implied warranties, including without limitation all implied warranties of merchantability or fitness for a particular purpose. 6. The parties agree to the following terms in order to maintain the security and confidentiality of Kendall County's and the United City of Yorkville's records defined as "confidential information": a. To the extent permitted by law, if a party to this Agreement is granted access to another party's records (and the data contained in these records) in order to perform the GIS services set forth in this Agreement, either party shall not duplicate and/or disseminate (by publication or otherwise) said records (and the data contained therein) to any other individual,business or entity without the prior written approval of either party. b. In the event a party to this Agreement receives a request for the records of another party to this Agreement(whether by FOIA request,subpoena, court order, etc.), the party receiving the request shall respond to the request in accordance with the law and shall notify the other party so that it may assert whatever rights it may possess. To the extent permitted by law, a party to this Agreement shall not release any of either party's records to a third party without the prior written approval of the party or as required pursuant to court order. c. The parties agree to implement all measures deemed reasonably necessary by agreement of the parties to safeguard the confidentiality of either party's records. 7. This Agreement shall continue for a period of two (2) years after the parties' execution of this Agreement and will automatically renew for successive additional one (1) year terms. Any party may terminate this intergovernmental agreement by providing at least one hundred eighty (180) calendar days advance written notice to all other parties of the then current term. 8. To the extent permitted by law, the United City of Yorkville shall defend, with counsel of Kendall County's own choosing, indemnify and hold harmless Kendall County, including Kendall County's past, present and future board members, elected officials, insurers, employees, and agents (the "Releasees") from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys' fees and other legal expenses, which the Releasees may hereafter sustain, incur or be required to pay relating to, or arising in any manner out of the GIS support services Kendall County provides to the United City of Yorkville. Pursuant to 55 ILCS 5/3-9005, no attorney may be assigned to represent the Releasees pursuant to this section of the Agreement unless the Kendall County State's Attorney has pre-approved the appointment of the attorney to represent the Releasees. Releasees' participation in their defense shall not remove the United City of Yorkville's duty to indemnify, defend, and hold Releasees harmless, as set forth above. Releasees do not waive their defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) by reason of this indemnification provision. Indemnification shall survive the termination of this Agreement. 9. This Agreement and the rights of the parties hereunder may not be assigned(except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. 10. Any notice required or permitted to be given pursuant to this Agreement shall be duly given if sent by certified mail, or courier service and received. As such, all notices required or permitted hereunder shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested. If to the County: Chairman of the Kendall County Board I I I W. Fox Street Yorkville, Illinois 60560 With copy to: Kendall County State's Attorney 807 John Street Yorkville, Illinois, 60560 If to the Municipality Mayor 651 Prairie Pointe Drive Yorkville, Illinois, 60560 9. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/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 this 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. 10. This Agreement represents the entire agreement between the parties as it relates to GIS support services to be performed by Kendall County, and there are no other promises or conditions in any other agreement whether oral or written related to the GIS support services to be provided by Kendall County to the United City of Yorkville. Except as stated herein, this Agreement supersedes any other prior written or oral agreements between the parties as it relates to GIS support services and may not be further modified except in writing. 11. Kendall County and the United City of Yorkville each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement; IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers as of the date of last signature. County of Kendall, Illinois United Cipq of Yorkville By: r.M- By: Chair, nd ty Board Mayor, ited orkville Attest: Attest: ounty Clerk it Clerk