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Home My WebLink AboutResolution #5365 - intergovernmental agreement with the City of Cuba for the use of the street sweeper RESOLUTION NO 5365 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CUBA FOR THE USE OF THE CITY OF CANTON'S STREET SWEEPER WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interest of the City to enter into an Agreement with the City of Cuba to provide street sweeping services, as set forth in"Exhibit A," 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 as "Exhibit A," is incorporated herein and hereby approved by the Canton City Council. 2. That the Mayor, or his designee, 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. To the extent already executed, the authority to execute said Agreement by the Mayor, or is designee, and the City Clerk is ratified. 3. That this Resolution shall be in frill 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 5th day of April, 2022, upon a roll call vote as follows: AYES: Alderperson Andra Chamberlin, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: Alderperson Justin Nelson ABSTAIN: None APPROVED: V"'a W" �nzv Kent McDowell, Mayor ATTEST: Diana Pavley-Roc , City Clerk 4 1 AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CUBA FOR THE USE OF THE CITY OF CANTON'S STREET SWEEPER THIS AGREEMENT, made and entered into the ao'�— day of �, 2022 by and between the CITY OF CANTON, a municipal corporation, and the CITY OF CUBA, a municipal corporation, 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 currently the owner of a street sweeper machine that is utilized in the cleaning of Canton's roadways and parking lots; and WHEREAS, the CITY OF CUBA ("Cuba") does not currently own a street sweeper; however, Cuba is in need of street sweeping services within the corporate boundaries of Cuba; and WHEREAS, Cuba has determined that it would be in the best interest of the safety and welfare of its respective citizens to obtain street sweeping services for Cuba; and WHEREAS, Canton has determined that it is in the best interests of its citizens to obtain certain compensation for the use of its street sweeper and Canton's employees' operation of said j street sweeper; WHEREAS, the parties have agreed that the Canton will provide street sweeping services to Cuba 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; Cuba and Canton recognize the need for units of local government to keep their roadways clean and free of debris. 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. Street Sweeping Services: Canton agrees to provide street sweeping services to Cuba two (2) times per year. Each time shall occur on a Saturday and shall be no longer than eight (8) consecutive hours. Each time shall be coordinated between the parties' respective Page 1 of 4 d i i f Liaisons (as set forth below) and shall be scheduled at mutually convenient times so as not to interfere with the Canton's use of its street sweeper. For purposes of this agreement, "street sweeping services" shall include the providing of Canton's street sweeper (including but not limited to travel to and from Cuba), along with Canton employee(s) trained in operating same, to clean specited areas of the public roadways of Cuba and located within the corporate boundaries of Cuba. Said street sweeping services shall be limited to the abilities of the Canton's street sweeper machine and shall not include any additional services. I i 3. Payment Terms: Cuba shall pay Canton an amount of Two Hundred and No/100 Dollars per hour ($200.00/llr) for any street sweeping services provided by Canton, and Cuba E shall pay a minimum of two (2) hours of use for each time Cuba utilizes Canton's street sweeping services. All payments shall be made to Canton within thirty(30) days of the providing of street sweeping services, and failure to pay said amounts within thirty (30) days shall be grounds to immediately terminate this Agreement upon written notice by Canton. E 4. Supplies/Waste: Cuba agrees to provide necessary supplies, including without limitation water, to Canton in order to provide street sweeping services to Cuba. Cuba further agrees that upon the completion of street sweeping services by Canton, Cuba will provide a place for disposal of any waste collected thereby during the providing of said street sweeping services. ; 5. Indemnification: Cuba shall indemnify and hold harmless Canton, its elected officials, department heads, aldermen/alderwomen, officers, attorneys, insurers, employees and/or agents from and against any and all claims, demands, suits, actions, and damages, j including attorney's fees, that arise out of or are related to the providing of street sweeping services to Cuba under this Agreement. 6. 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. 7. Termination: This Agreement may be terminated at any time upon ninety (90) i days advanced written notice by any party to the other party. j 8. 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 C(.(llillil(Cf C�C1i111p�81V.00111 f Page 2 of 4 t i I I i I i City of Cuba: Mayor Doug Schmidt City of Cuba 403 E. Jefferson St. Cuba, IL 61427 !. I With a Copy to: Miller, Hall &Triggs, LLC Scott Brunton City Attorney 416 Main Street, Ste. 1125 Peoria, IL 61602 seott.brunluniu-mhtlaw.com 9. Liaisons: The parties shall from time to time designate in writing one or more representatives as a primary liaison and alternate liaisons to act on their behalf to plan for and facilitate the implementation of this agreement and to provide and receive information pursuant I to this agreement. As.of the execution of this agreement, the parties have selected the following as primary liaisons and alternative liaisons: Canton Liaison: Ronnie Robinson, Street Department Superintendent Canton Alternative Liaison: Dash Wilson, System Maintenance Superintendent Cuba Liaison: Richard Mason, Superintendent of Public Works Cuba Alternative Liaison: Sarah 011er, City Clerk i 10. Relationsliip of the Parties: Nothing in this agreement shall be construed to j 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 Cuba. 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. 11. 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. 12. Counterparts: This agreement may be executed in one or more counterparts which, when affixed together, shall constitute one and the same document. 13. 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 Page 3 of 4 i (f I - - i i� t of its requiring any steps, actions or results, the remaining parts or portions of this Agreement 1 shall remain in full force and effect. 14. Entire Agreement: This Agreement sets forth all the covenants, conditions, and promises between the parties. The are no covenants, promised, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. 15. Governing Law: This Agreement shall be governed by the laws of the State of Illinois. IN WITNESS WHEREOF, the CITY OF CANTON and the CITY OF CUBA have caused this Agreement to be executed by their respective duly authorized representatives on the date(s) set forth below. CITY O CANTON: CITY OF CUBA J B , By: y. Kent McDowell, Mayor Doug chmidt DATE:.— DATE: ATT ATTEST: ST: : 2;z� Amcoh �. Diana Pavley-Rock, Clerk Sarah E. Otter, City Clerk i. i. I r i i F 1 t i j 1 E i Page 4 of 4