HomeMy WebLinkAboutResolution #5351 - intergovernmental agreement with the Village of St David for purchase of road salt RESOLUTION NO. 5351
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CANTON AND THE VILLAGE OF ST.DAVID FOR THE
PURCHASE OF ROAD SALT
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interests of the City of Canton and the Village of St. David to enter into an
intergovernmental agreement with the Village of St. David, 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,'substantially in the form as 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.
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 18th
day of January, 2022, upon a roll call vote as follows:
AYES: Alderperson Greg Gossett,Angela Lingenfelter,Jeff-Fritz, Craig West,John Lovell,Justin
Nelson, Andra Chamberlin
NAYS: None
ABSENT: Alderperson Angela Hale
P RO ED:
ent McDowell, Ma r
ATT ST:
Ile
Diana Pavley-Rock, City Clerk
I
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON
AND THE VILLAGE OF ST. DAVID FOR THE PURCHASE OF ROAD SALT
THIS AGREEMENT,made and entered into the 18 day of January, 2022, by and between
the CITY OF CANTON, a municipal corporation, and the VILLAGE OF ST. DAVID, an
incorporated Village,pursuant to the authority of Article VII, Section 10 of the Constitution of the
State of Illinois and the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.), all as amended
from time to time.
WITNESSETH:
WHEREAS,the CITY OF CANTON("Canton")is ordering road salt for use on its streets;
and
WHEREAS, the VILLAGE OF ST. DAVID ("Village") is also in need of ordering road
salt for use on its streets; and
WHEREAS, Village has determined that it would be in the best interest of its citizens to
join with Canton in ordering road salt from the State of Illinois.
WHEREAS, Canton has determined that it is willing to order additional road salt and to
sell same to St. David;
WHEREAS,the parties have-agreed that Canton will order and sell road salt to the Village
on the terms and conditions set forth below; and
WHEREAS,this agreement is authorized by Article VII, Section 10 of the Constitution of
the State of Illinois and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), all as
amended from time to time, providing for the execution of agreements and implementation of
cooperative ventures between public agencies of the State of Illinois;
NOW,THEREFORE,in consideration of the foregoing, and the promises and covenants
set forth hereinafter, it is agreed as follows:
1. Purpose: Village and Canton recognize the need for units of local government to
keep their roadways free of ice and snow as much as possible. The parties also acknowledge that
the Constitution of the State the Illinois encourages intergovernmental cooperation. The purpose
of this Agreement is to share resources to assist the parties in keeping their respective roadways
safe and clean.
2. Sale of Road Salt: Provided that there will be no additional costs or expenses to
Canton, Canton agrees to sell up to five tons(5 tons)of road salt to the Village during 2022 at such
times and in such amounts as is requested from the Village from time to time, or all at once
depending on the Village's need and storage capabilities.
Page 1 of 3
3. Payment Terms: Village shall pay Canton the same amount that Canton pays the
State of Illinois for its purchase of the road salt so ordered. All payments shall be made to Canton
within thirty (30) days from the date that Canton provides the road salt, and failure to pay said
amounts within thirty (30) days shall be grounds to immediately terminate this Agreement upon
written notice by Canton.
4. Delivery: Village agrees to be responsible for picking the salt up from and
transporting the salt from Canton's storage location.
5. Term: This agreement shall take effect on the date of the last signature and shall
be in full force and effect for a period of one (1) year.
6. Notices: 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 mailing,
and shall be addressed as follows:
City of Canton: Mayor Kent McDowell
City of Canton
2 N. Main Street
Canton, Illinois 61520
With a copy to: Christopher J. Jump, City Attorney
Davis & Campbell L.L.C.
401 Main Street, Suite 1600
Peoria, IL 61602
ciiump@dcamplaw.com
City of Village: Village President Jason Myetich
Village of St. David
P.O. Box 464
90 Western Ave.
St. David, IL 61563
With a Copy to: Barnhart, Tinsman& Associates, Ltd.
Nicholas N. Tinsman
Village Attorney
121 W. Elm Street
Canton, IL 61520
nickgbarnhartlaw.net
7. Relationship of the Parties: Nothing in this agreement shall be construed to
consider any party or its respective elected officials, department heads, aldermen/alderwomen,
officers, attorneys, insurers, employees and/or agents 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 Canton and Village.
Page 2 of 3
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.
8. Amendments and Modifications: This Agreement may be modified or amended
from time to time, provided, however, that no such amendment or modification shall be effective
unless reduced to writing and duly signed by an authorized representative of the parties.
9. Counterparts: This agreement may be executed in one or more counterparts which,
when affixed together, shall constitute one and the same document.
10. Savings Clause: If any provision of this Agreement, or 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.
11. Entire Agreement: This Agreement sets forth all the covenants, conditions, and
promises between the parties. There are no covenants, promised, agreements, conditions or
understandings between the parties, either oral or written, other than those contained in this
Agreement.
12. Governing Law: This Agreement shall be governed by the laws of the State of
Illinois.
IN WITNESS WHEREOF, the CITY OF CANTON and the VILLAGE OF ST. DAVID
have caused this Agreement to be executed by their respective duly authorized representatives on
the date(s) set forth below.
CITY OF CANTON: I VILLAGE OF ST. DAVID
By: 4 'VaA V A' By:
ent McDowell, Mayor Jason Myetich, Village President
DATE: ZD DATE:
ATT ST: ATTEST:
City r Village Clerk
Page 3 of 3
RESOLUTION NO. 5351
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CANTON AND THE VILLAGE OF ST. DAVID FOR THE
PURCHASE OF ROAD SALT
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interests of the City of Canton and the Village of St. David to enter into an
intergovernmental agreement with the Village of St. David, 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,substantially in the form as 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.
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 18th
day of January, 2022, upon a roll call vote as follows:
AYES: Alderperson Greg Gossett,Angela Lingenfelter,Jeff-Fritz, Craig West,John Lovell,Justin
Nelson, Andra Chamberlin
NAYS: None
ABSENT: Alderperson Angela Hale
P RO ED:
ent McDowell, Ma r
ATT ST:
Diana Pavley-Rock, City Clerk
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON
AND THE VILLAGE OF ST. DAVID FOR THE PURCHASE OF ROAD SALT
THIS AGREEMENT, made and entered into the 18 day of January, 2022, by and between
the CITY OF CANTON, a municipal corporation, and the VILLAGE OF ST. DAVID, an
incorporated Village,pursuant to the authority of Article VII, Section 10 of the Constitution of the
State of Illinois and the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.), all as amended
from time to time.
WITNESSETH:
WHEREAS,the CITY OF CANTON("Canton")is ordering road salt for use on its streets;
and
WHEREAS, the VILLAGE OF ST. DAVID ("Village") is also in need of ordering road
salt for use on its streets; and
WHEREAS, Village has determined that it would be in the best interest of its citizens to
join with Canton in ordering road salt from the State of Illinois.
WHEREAS, Canton has determined that it is willing to order additional road salt and to
sell same to St. David;
WHEREAS,the parties have-agreed that Canton will order and sell road salt to the Village
on the terms and conditions set forth below; and
WHEREAS,this agreement is authorized by Article VII, Section 10 of the Constitution of
the State of Illinois and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), all as
amended from time to time, providing for the execution of agreements and implementation of
cooperative ventures between public agencies of the State of Illinois;
NOW,THEREFORE, in consideration of the foregoing, and the promises and covenants
set forth hereinafter, it is agreed as follows:
1. Purpose: Village and Canton recognize the need for units of local government to
keep their roadways free of ice and snow as much as possible. The parties also acknowledge that
the Constitution of the State the Illinois encourages intergovernmental cooperation. The purpose
of this Agreement is to share resources to assist the parties in keeping their respective roadways
safe and clean.
2. Sale of Road Salt: Provided that there will be no additional costs or expenses to
Canton, Canton agrees to sell up to five tons (5 tons)of road salt to the Village during 2022 at such
times and in such amounts as is requested from the Village from time to time, or all at once
depending on the Village's need and storage capabilities.
Page 1 of 3
3. Payment Terms: Village shall pay Canton the same amount that Canton pays the
State of Illinois for its purchase of the road salt so ordered. All payments shall be made to Canton
within thirty (30) days from the date that Canton provides the road salt, and failure to pay said
amounts within thirty (30) days shall be grounds to immediately terminate this Agreement upon
written notice by Canton.
4. Delivery: Village agrees to be responsible for picking the salt up from and
transporting the salt from Canton's storage location.
5. Term: This agreement shall take effect on the date of the last signature and shall
be in full force and effect for a period of one (1) year.
6. Notices: 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 mailing,
and shall be addressed as follows:
City of Canton: Mayor Kent McDowell
City of Canton
2 N. Main Street
Canton, Illinois 61520
With a copy to: Christopher J. Jump, City Attorney
Davis & Campbell L.L.C.
401 Main Street, Suite 1600
Peoria, IL 61602
cjiump@dcamplaw.com
City of Village: Village President Jason Myetich
Village of St. David
P.O. Box 464
90 Western Ave.
St. David, IL 61563
With a Copy to: Barnhart, Tinsman&Associates, Ltd.
Nicholas N. Tinsman
Village Attorney
121 W. Elm Street
Canton, IL 61520
nick@barnhartlaw.net
7. Relationship of the Parties: Nothing in this agreement shall be construed to
consider any party or its respective elected officials, department heads, aldermen/alderwomen,
officers, attorneys, insurers, employees and/or agents 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 Canton and Village.
Page 2 of 3
1
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.
8. Amendments and Modifications: This Agreement may be modified or amended
from time to time, provided, however, that no such amendment or modification shall be effective
unless reduced to writing and duly signed by an authorized representative of the parties.
9. Counterparts: This agreement may be executed in one or more counterparts which,
when affixed together, shall constitute one and the same document.
10. Savings Clause: If any provision of this Agreement, or 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.
11. Entire Agreement: This Agreement sets forth all the covenants, conditions, and
promises between the parties. There are no covenants, promised, agreements, conditions or
understandings between the parties, either oral or written, other than those contained in this
Agreement.
12. Governing Law: This Agreement shall be governed by the laws of the State of
Illinois.
IN WITNESS WHEREOF, the CITY OF CANTON and the VILLAGE OF ST. DAVID
have caused this Agreement to be executed by their respective duly authorized representatives on
the date(s) set forth below.
CITY OF CANTON:�A VILLAGE OF ST. DA ID
By: 4 �'�°1"v By: AXX
Kent McDowell, Mayor Jas Myet' , Vi lage President
DATE: ` ZZ-- DATE:
ATT ST: ATTEST:
k)
City r Village Clerk
Page 3 of 3