Resolution 2023-36 Resolution No. 2023-36
RESOLUTION APPROVING AN INTERAGENCY AGREEMENT
BETWEEN THE ILLINOIS STATE POLICE AND THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
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, as such, is a local law enforcement agency through its Police
Department; and,
WHEREAS, the Illinois State Police, an agency of the State of Illinois, is required to
establish and operate a forensic science laboratory system as well as establish and coordinate a
system for providing accurate and expedited forensic science and laboratory services to local law
enforcement agencies; and,
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,
provides that governmental agencies 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, the City's Police Department utilizes the reconstruction services provided
by the Illinois State Police, Scene and Evidence Services Command and supports the use of these
services by other law enforcement agencies in the surrounding area; and
WHEREAS,the City has available an appropriate office and working space which can be
used to further the aforementioned goal of advancing reconstruction services in a productive and
mutually beneficial manner and the City is prepared to provide the Illinois State Police furnished
office space for the purpose and the term as set forth in the Interagency Agreement Between the
Illinois State Police and the City of Yorkville Police Department in the form attached hereto.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Resolution No. 2023-36
Page 1
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Section 2. The Interagency Agreement between the Illinois State Police and the City of
Yorkville Police Department, in the form attached hereto and made a part hereof, is hereby
approved and the Mayor and Clerk for the United City of Yorkville Police Department are hereby
authorized to execute said Agreement.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 281h day of November, A.D. 2023.
Cl Y CLERK
EJ
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this [DIrday of r) , A.D. 202A. q
MAYOR
Attest:
Cleew
CLERK
Resolution No. 2023-36
Page 2
INTERAGENCY AGREEIVIIE�NT
BETWEEN THE ILLINOIS STATE POLICE AND
THE CITY OF YORKVILLE POLICE DEPARTMENT
WHEREAS,the ILLINOIS STATE POLICE is required to establish and operate a forensic
science laboratory system as well as establish and coordinate a system for providing accurate and
expedited forensic science and laboratory services to local law enforcement agencies and local
State's Attorneys. [20 ILCS 2605/2605-40];and
WHEREAS, the CITY OF YORKVILLE POLICE DEPARTMENT is a local law
enforcement agency which utilizes the reconstruction services provided by the Illinois State Police,
Scene and Evidence Services Command and supports the use of these services by other law
enforcement agencies in the surrounding area; and
WHEREAS, the CITY OF YORKVILLE POLICE DEPARTMENT has available an
appropriate office and working space which can be used to further the aforementioned goal of
advancing reconstruction services in a productive and mutually beneficial manner; and
WHEREAS, the provisions of Article 7, Section 10 of the Illinois Constitution and the
Intergovernmental Cooperation Act[5 ILCS 220/et seq.]permit and encourage intergovernmental
and interagency cooperation.
NOW, THEREFORE, the ILLINOIS STATE POLICE and CITY OF YORKVILLE
POLICE DEPARTMENT agree as follows:
ARTICLE I: DEFINITIONS
A. "City" means the City of YORKVILLE, Illinois, a municipal corporation, through its
police department,which is primarily responsible for prevention or detection of crime and
the enforcement of the criminal code,traffic,or highway laws of this State or any political
subdivision of this State [50 ILCS 705/et seq.].
B. "State"means the Illinois State Police,Division of Forensic Services,Scene and Evidence
Services Command [20 ILCS 2605/2605-40].
ARTICLE II: SERVICES,COSTS,AND FINANCIAL AGREEMENTS
A. The City agrees to provide the State with a satellite office at 651 Prairie Pointe Drive in
YORKVILLE,Illinois.The satellite office will consist of furnished office space for use by
up to two Traffic Crash Reconstruction Officer's (TCRO's) assigned to the Scene and
Evidence Services Command. The City will provide telephone access in the office space
as well as access to a copier/scanner/facsimile machine. The City shall also provide
adjacent parking for the TCRO.
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B. The State agrees to assign a full-time TCRO to this satellite office.The satellite office will
be the TCRO's primary work location. The State will provide the TCRO with all
computers, cellular telephones, reconstruction equipment, reconstruction commodities,
and office supplies.
C. The above described services will be provided at no cost by the City and State,respectively.
The provision of these services creates no financial agreements between the City and State.
ARTICLE III: MAINTENANCE OF RECORDS
A. The State shall maintain and be the custodian of all records pertaining to the reconstruction
services provided for the City. The State shall maintain all records in compliance with
relevant Record Retention Schedules and the State Records Act[5 ILCS 160/et seq.].
B. Copies of all reports,notes,diagrams,and photographs will be provided by the State to the
City for all criminal cases where the State provided the City reconstruction services. The
Kendall County States Attorney's Office may obtain copies of all records created by the
State for the City.
ARTICLE IV: DURATION,MODIFICATION,AND TERMINATION
A. This Agreement shall be in effect upon the signature of the last party to sign. The
Agreement will be in effect for one year from the final date of approval and shall renew
automatically for one-year periods. Each party should review the Agreement prior to the
annual renewal date.
B. Modifications to this Agreement may be made, but only in writing and signed by both
parties.
C. This Agreement will terminate when either party notifies the other of its intent to
discontinue the Agreement. The terminating party will provide the other party written
notice at least 30 days prior to the desired termination date.
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AR11CLE V: COWI—ROL AND STIPYR-WIS1ON D YLRICSO TNEL
A. The City will maintain control and supervision of its employees and contractors.
B. The State will maintain control and supervise its employees.
ARTICLE VI: USE OF EQUIPMENT AND FACILITIES
A. The City shall permit the State's Traffic Crash Reconstruction Officer(TCRO)24-hour,7-
day a week access to the office space. Identical access privileges will be provided to the
TCRO's direct supervisor.The TCRO shall be permitted to use all fixtures and equipment
located in the office space.
ARTICLE VII: FREEDOM OF INFORMATION ACT (FOIA)
A. In its afore-mentioned role as the custodian of all records related to reconstruction services,
the State shall respond to requests for records made under the Freedom of Information Act
[5 ILCS 140/et seq.].
B. If records were created for the City, the State may require an update on the status of an
investigation to determine whether any statutory exemptions apply. The City agrees to
respond to inquiries made by the State in a timely manner to satisfy deadlines.
ARTICLE VIII: BREACH OF PRIVACY AND SECURITY PROTOCOLS
A. 1n the event of a breach of the physical security of the satellite office space, the party
discovering the breach shall immediately notify the other.A written summary of the breach
shall be prepared and shared with the other party as soon as practical. A breach would
consist of any unwarranted physical access to the office space.
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A—ICHO IX: NU110ES
A. All required notices shall be delivered to the following:
To the City: To the State:
Chief of Police Commander
Yorkville Police Scene and Evidence Services
Department Command
651 Prairie Pointe Drive 801 South 71h Street, Suite 800S
Yorkville, Illinois 60560 Springfield, Illinois 62703
Chief, Yorkville Police Department Director,Illinois State Police
Mayor,United City of Yorkville
By: �" �/ By:
Chipframes Jen Director Brendan R.Kelly
By;
Mayor John Purcell
Date: IQ/ ! Date:02/27/24
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