Resolution 2022-48 Resolution No. 2022-48
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND
BETWEEN THE KENDALL COUNTY EMERGENCY PHONE SERVICE AND
COMMUNICATIONS BOARD AND THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City'), and the
Kendall County Emergency Phone Service and Communications Board ("KenCom") are duly
organized units of government of the State of Illinois within the meaning of Article VII, Section
10 of the 1970 Illinois Constitution; 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.,authorize units of local government
to 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; and,
WHEREAS, KenCom owns a tower at 1102 Cornell Lane, and the City is in need of a
tower-like structure to attach a microwave antenna for the purpose of receiving KenCom's Tyler
New World Services; and,
WHEREAS,KenCom and the City have agreed to permit the City to attach its microwave
antenna to KenCom's tower pursuant to the terms and conditions set forth in the
Intergovernmental Agreement attached hereto.
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.
Ordinance No.2022-48
Page 1
Section 2. Intergovernmental Agreement Between the Kendall County Emergency Phone
Service and Communications Board and the United City of Yorkville, Kendall County, Illinois, in
the form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City
Clerk are hereby authorized to execute said Agreement.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the Mayor and City Council of the United City of Yorkville, Kendall County;
Illinois this 8th day of November, 2022.
&K&j
CI 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 ABSENT
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 7t day of t�O VM�, A.D. 2022.
MAYOR
Attest:
�)PJA
CITY LERK
Ordinance No.2022-48
Page 2
UNITED CITY OF YORKVILLE
AND KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
INTERGOVERNMENTAL AGREEMENT—Tower Lease Agreement
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, and the United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois
60560. For purposes of this Agreement,the Kendall County Emergency Phone Service and
Communications Board and the United City of 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 service and
to exercise, combine,or transfer 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,the United City of Yorkville (hereinafter referred to as"Yorkville")and the Kendall County
Emergency Phone Service and Communications Board (hereinafter referred to as"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, 55 ILCS 22/1et seq.; and
WHEREAS,Yorkville is in need of a tower structure upon which to attach a microwave antenna for the
purpose of connecting to KenCom to transmit and receive data from KenCom's Tyler New World
Servers; and
WHEREAS, KenCom owns a tower structure located on the premises of 1102 Cornell Lane,Yorkville,
Illinois 60560 and
WHEREAS,the parties to 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 has 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 parties and approved by the respective governing bodies, if any.
NOW THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth,the
parties agree as follows:
1. Yorkville shall be permitted to attach a (PTP11820S(wide)) microwave antenna to the tower
owned and controlled by KenCom located on the premises of 1102 Cornell Lane,Yorkville, IL
60560. This agreement is restricted to microwave antenna and microwave transmitting and
receiving equipment. Yorkville shall supply a copy of their FCC (Federal Communications
Commission) license for the microwave.
2. All costs associated with affixing the microwave antenna to the tower and establishing
connectivity to KenCom's network will be the sole responsibility of Yorkville and KenCom will
incur no costs whatsoever.
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3. In the event KenCom erects another tower and Yorkville's microwave antenna needs to be
relocated to the new tower all costs associated with the microwave antenna relocation will be
the sole responsibility of Yorkville and KenCom will incur no costs whatsoever.
4. KenCom makes no guarantee that Yorkville's microwave antenna will connect and/or remain
connected to KenCom's computer network for the purposes of transmitting and receiving data
from KenCom's Tyler New World Servers; however, KenCom will work with Yorkville to attempt
to resolve connectivity issues so long as KenCom incurs no costs related to establishing
connectivity.
5. Yorkville shall bear sole responsibility for repair, maintenance and replacement of the
microwave antenna owned by Yorkville and affixed to KenCom's tower.
6. All vendors that will climb KenCom's tower structure for installation, repair, maintenance,
replacement or removal of the microwave antenna must be approved by KenCom and a
certificate of insurance provided to KenCom prior to performing any work.
7. Yorkville shall be granted access to KenCom's tower site for repair and maintenance so long as
KenCom receives a minimum notice of 24 hours. Notice shall be considered given upon
confirmation of receipt of a phone call or email sent to the KenCom Director or Assistant
Director.
8. Yorkville shall procure and maintain adequate insurance coverage to protect KenCom from risk
of liability for acts of Yorkville's contractors,subcontractors,employees or agents. Adequate
insurance coverage shall be defined to include the following types of minimum amounts of
coverage:
a. Comprehensive General Liability, Bodily Injury and Property Damage combined $1,000,000
per occurrence.
b. Property Damage, $500,000 per occurrence
c. Worker's Compensation and Full Statutory Limits Employer's Liability.
d. Excess Liability Umbrella,$1,000,000 per occurrence and $1,000,000 in the aggregate.
9. Yorkville shall indemnify and hold KenCom harmless from all claims(including reasonable
attorney's fees, costs and expenses of defending such claims)arising from the negligent or
willful misconduct of Yorkville's agents or employees on the tower and in or around the
property.
10. 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.
11. The Agreement shall be governed by the laws of the State of Illinois. Any litigation concerning
this Agreement shall take place in the Circuit Court of Kendall County.
12. The term of this Agreement is one year from the date the Agreement is executed by both
parties. Either party can terminate this Agreement by giving the other party written notice of
termination at least(180)days prior to the expiration of the term. In the absence of a notice
from either party of intent to cancel,this Agreement shall automatically renew for an additional
term.
13. Notice to terminate the Agreement must be made in writing and mailed certified mail with
return receipt to the addresses listed below:
KenCom ETSB United City of Yorkville
1100 Cornell Lane 800 Game Farm Road
Yorkville, IL 60560 Yorkville, IL 60560
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14. Upon termination of the Agreement, Yorkville shall remove the microwave antenna and all
other equipment owned by Yorkville from KenCom's tower within (30) days, and repair any
damage caused by removal of the antenna and equipment.
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
Name: 6i "-" W/'nk—
Title: Chairman, KenCom Executive Board
/Z- 0-5-- -2 2.
United City of Yorkville
ame: John Purcell
Title: Mayor
Date: I I- l LP - Z O 2"
Si nature: Si nature:
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