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HomeMy WebLinkAbout#5273 Approving Intergovernmental Agreement Between City of Canton and Canton Union School District No. 66 RESOLUTION NO. 5273 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON UNION SCHOOL DISTRICT NO. 66 AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,_ILLINOIS. WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interest to enter into an intergovernmental agreement with the Canton Union School District for the purposes of waste removal services, as set forth in"Exhibit A," which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND.CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein by reference as Exhibit A is hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton,Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton upon approval by the Board of Education of Canton Union School District No. 66. 3. That this Resolution shall be in full force and effect immediately.upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 21st day of July, 2020 upon a roll call vote as follows: AYES: Aldermen Quin Mayhew,John Lovell,Craig West,Angela Hale,Jeff Fritz,Angela Lingenfelter, Justin Nelson NAYS: None ABSENT: None A PROVED: Kent McDowe 1, yor AT ST: Diana Pavley-Rock, City Clerk AN INTERGOVERNMENTAL AGREEMENT BETWEEN CANTON UNION SCHOOL DISTRICT NO. 66 AND THE CITY OF CANTON FOR WASTE REMOVAL SERVICES THIS AGREEMENT made and entered into this day of August 2020, is by and between the Board of Education of Canton Union School District No. 66, (hereinafter referred to as "School District"), and the City of Canton (hereinafter referred to as "City") (collectively "the Parties") pursuant to the authority of Article VII, Section 10 of the Constitution of the State of Illinois, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq., Sections 5/10-20 (105 ILCS 5/10-20) and of the Illinois School Code, all as amended from time to time. WITNESSETH: WHEREAS,the City provides waste removal services to the citizens of the City; and WHEREAS,the School District has multiple locations in need of waste removal services; and WHEREAS,the City has the ability to service the School District's waste removal needs and the parties believe it to be in both of their best interests to enter into this Agreement to allow the City to provide waste removal services to the School District; WHEREAS, Section 10-20 of the Illinois School Code (105 ILCS 5/10-20)authorizes the School District's Board of Education to enter into contracts and agreements regarding the maintenance and operation of any schools under the jurisdiction of the school board; and WHEREAS, this Agreement is authorized by the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq., providing for the execution of agreements and implementation of cooperative ventures between public school districts and units of local government of the State of Illinois; and WHEREAS, the School District and the City have reached an agreement concerning the terms and conditions related to the City's waste removal for the School District and its various different locations; and NOW,THEREFORE, in consideration of the foregoing, and the;promises and covenants set forth hereinafter, it is agreed as follows: I. Services Rendered: The City agrees to furnish equipment and services to collect and dispose of waste materials at the School District locations and on the schedule specified in Article IIII below. Waste materials for this Agreement shall mean non-hazardous solid waste and shall exclude organic waste, industrial process wastes,asbestos-containing material,petroleum contanlinated soils or materials, treated/de-characterized wastes, demolition debris, tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infection, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed tinder applicable federal, state, or local laws or regulations, any materials containing information pirotected by federal, state or local privacy and security laws or regulations. The City shall provide equipment for the collection of the wa:;te materials except for containers/dumpsters at each location. The City shall be solely responsible for the maintenance and upkeep of its equipment. The School District shall purchase and provide proper containers/dumpsters at each of the locations to be serviced. The School District shall ensure the containers are able to collect solid waste and ensure the City's equipment t is capable of lifting the School District's containers/dumpsters at each location to be serviced. The Parties acknowledge and agree that the School District has purchased such containers/d-Limpsters, they have been delivered to each location, and the City has inspected them to con rim compliance with this paragraph. The School District shall solely be responsible for the maintenance and upkeep of its containers/dumpsters and shall either repair or replace the relevant containers/dumpsters if the City notifies the School District that any container/dumpster is no longer suitable for these purposes. II. Term: The term of this Agreement shall commence on August 31, 2020 and shall continue until August 31,2021. This Agreement shall automatically renew for an additi,)nal year under the same terms, subject to the below provisions, unless either party gives notice to the other party ninety (90) days prior to the expiration of the contract term. III. Locations to be Serviced: Location Name Address No. of Container Service Seasonal Containers Size D Das Service Days Canton High School 1001 N Main St. 1 8 M, T, W, 5/30 to 8/7 - Th, F Wednesday Pickup Ingersoll Middle 1605 E. Ash St. 1 8 M. T, W, 5/30 to 8/7 - School Th, F Wednesday Pickup Alice Ingersoll Gym 21 Walnut St. 1 3 T& Th &Administration Canton Football N 1St Avenue 1 4 T Pick up only Stadium from 8/1-12/1 Eastview Elementary 1490 Myrtle St. 1 8 M, T, W, 5/30—8/7— .Th, F Wednesday Pickup Westview Elementary 700 W. Old 1 6 M, T, W, 5/30 to 8/7— Vine St. Th Wednesday Pickup Lincoln Elementary 20 Lincoln Dr. 1 6 M, W, F 5/30 to 8/7— Wednesday Pickup Location Name Address No. of Container Service Seasonal Containers Size D Das Service Days McCall School 749 E. 1 6 T& Th Locust St. Bus Garage 890 E. Oak St. 1 3 W IV. Charges and Payment: The School District shall pay the City a total of$28,600.00 per year for the services detailed herein. The School District shall be billed on a monthly basis by the City, to be received by the first of each month, and the monthly amount shall total $2,383.33. If either party attempts to elect to negotiate new rates for the following year, notice of said election must be provided to the other party at least sixty (60) days prior to the expiration of the contract term. In the event that either party elects to negotiate new rates, the other party may elect to terminate this Agreement at the end of the existing contract term without regard to the ninety-day (90) notice requirement stated in Article II above. Payment by the School District for the services rendered under this Agreement shall be paid to the City by the 15th of each respective month with the first payment being due and owing on September 15,2020. If the City has issued a timely invoice but does not receive payment by the 15th of each month, a 10% late fee shall be applied in addition to the regular monthly payment. If any late payments occur,the payment provided by the School District to the City shall first be applied to late fees and then to regular monthly payments. V. Indemnification: The City agrees to indemnify, defend, and hold the School District, its officers, agents, employees, and assigns harmless from and against any and all liability which the School District may be responsible for or pay out as a result of bodily injuries, death, :property damage, or any violation or alleged violation of law, in the extent caused by any negligent act or omission or willful misconduct of the City or its employees, agents, or assigns, which occurs (a) during the collection or transportation of School's waste materials,or(b)as a result of the disposal of School's waste materials in a facility lawfully operated, provided the City's indlemnification obligations shall not apply to occurrences involving excluded materials. The School District agrees to indemnify, defend and hold the City, its agents, employees, Mayor and aldermen harmless from and against any and all liability which the City may be responsible for or pay out as a result of bodily injuries, death, property damage, or any violation or alleged violation of law to the extent caused by the School District's breach of this Agreement or by any negligent act or omission or willful misconduct of the School District, its employees, agents, students or assigns,or any of their use,operation or possession of any equipment furnished by City or the School District's own containers/dumpsters. The School District shall additionally assume all risk of loss for any and all items,waste materials and anything placed within the School District's containers/dumpsters and shall hold the City harmless from any loss or risk of loss from any items collected as part of this Agreement by the City collected from the School District's containers/dumpsters. VI. Insurance: Each parry shall keep in force, at all times during the term of this Agreement: (i) Commercial General Liability Insurance including fire legal liability specifically ;luding bodily injury, personal injury. and property damage limits of not less than $2,OOO,060 per occurrence; (ii) comprehensive Automobile liability insurance covering all owned, hirecl and non-owned vehicles with the limits of liability not less than $1,000,000 combined single limit bodily injury and property damage each accident;and(iii)Workers'Compensation insurance;in full compliance with workers' compensation laws of the State of Illinois, together with emp'loyer's liability coverage with minimum limits of liability in the amount of: $500,000 each accident Bodily Injury by Accident, $500,000 policy limit Bodily Injury by Disease, and $500,00ro each employee Bodily Injury by Disease. Policies shall be written on an occurrence basis ana- at all times naming the other party to this Agreement, its public officials, employees, volunteers and agents as additional insureds. In the event that either party is self-insured, a member of an int ergovernmental pool, or provides for its risk financing by a means other-than commercial insuran.ce, that parry shall keep in force at all times during the term of this Agreement, coverage equiivalent to the types and amounts stated above. Each parry shall maintain property insurance for the full replacement cost of the buildings on its site, as well as public officials liability insurance/coverage in the airiount of$1,000,000 per occurrence. In addition, each parry shall furnish certificates of the insurance ai.,d/or coverage in place as required herein and including a 90-day notice of cancellation or reduction in limits. The policy and/or coverage shall also contain a"contractual liability" clause. VII. Notices and Other Terms: All notices shall be in writing, sent by certified mail, return receipt requested, with proper postage prepaid, shall be deemed to have been given on the date of the mailing, and shall be addressed as follows: City of Canton: Mayor Kent McDowell City of Canton 2 North Main Street Canton,Illinois 61520 With copy to: Christopher J. Jump, City Attorney Davis & Campbell L.L.C. 401 Main Street, Suite 1600 Peoria, Illinois 61602 School District: President of Board of Education Leonard Barnard Canton Union School District No. 66 20 W. Walnut Street Canton,Illinois 61520 With copies to: Superintendent of Schools Rolf Sivertsen Canton Union School District No. 66 20 W. Walnut Street Canton, Illinois 61520 And Whitt Law LLC 70 S. Constitution Dr. Aurora, IL 60506 Relationship of the Parties. Nothing in this Agreement shall be construed to consider any party or its respective elected officials, appointed officials or employees, employees and/or agents as the agents or employees of the other party. Nothing contained in or done pursuant to this agreement shall be construed as creating a partnership, agency, joint employer or joint venture relationship between the City and the School-District. No party shall become bound, with respect to third parties,by any representation,act or omission of the other party. This Agreement.is for the benefit of the contracting parties only and is not intended' to raise or acknowledge any duty regarding conduct or other form of liability as to third parties. Amendments and Modifications. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modifications shall be effective unless reduced to writing and duly signed by an authorized representative of the parties after approval at a public meeting in accordance with the Illinois Open Meetings Act. Counterparts. This Agreement may be executed in one or more counterparts which, when affixed together, shall constitute one and the same document. Savings Clause. If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement shall remain in full force and effect. Entire Agreement. This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Illinois. Venue for all actions between the parties shall lie solely in the state court having jurisdiction over Fulton County, Illinois. No Waiver.The failure of either party to this Agreement to insist upon the performance of any of Ift terms and conditions, or the waiver of any breach of any of thE;terms and conditions of E this agreement,shall not be construed as thereafter waiving any such terms and conditions, but ! they shall continue and remain in full force and effect as if no forbearanco o.fwaiver had occurred. } IN WITNESS WHEREOF, the City and School have caused this Agreement to be approved-by official action of their respective governing bodies taken i,n open session at public meetings held in conformance with the Illinois Open Meetings Act: and executed.by their respective-duly authorized representatives effective as of the day and year first written above. CITY OFF CANTON; CANTON UNION SCHOOL DISTRICT NO.66, By:A/ ny;.a eel Nle owc ;. gyor President, Board ojr74ucation 's E A -STs Diana Puvley-Rock; City Clerk oar eceretary/Clerk