HomeMy WebLinkAboutResolution #5301 RESOLUTION NO. 5301
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF CANTON AND WESTERN ILLINOIS REGIONAL COUNCIL
FOR PROFESSIONAL AND TECHNICAL SERVICES
WHEREAS, the City of Canton, Illinois (the "City") intends on implementing certain
infrastructure improvements and related activities for the Water Treatment Plant Rehabilitation
(the "Project");
WHEREAS, Western Illinois Regional Council("WIRC")will provide certain services to
the City in relation to the Project, as set forth in the Contract for Professional and Technical
Services attached hereto as "Exhibit A";
WHEREAS, the Mayor and City Council have determined that it is necessary and in the
best interests of the City of Canton for City to enter into the above-said Contract for Professional
and Technical Services.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. The Recitals set forth above, and all facts and statements contained therein, are found
to be true and correct and are hereby incorporated and adopted as part of this
Resolution;
2. The Contract for Professional and Technical Services, attached hereto as "Exhibit A,"
is hereby APPROVED.
3. That the Mayor of the City of Canton, Illinois is hereby authorized to execute said
Contract for Professional and Technical Services, and any other related and necessary
documents, on behalf of the City of Canton.
5. 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 2nd
day of March, 2021, upon a roll call vote as follows:
AYES: Aldermen Andra Chamberlin, Quin Mayhew, John Lovell, Craig West, Angela
Hale, Jeff Fritz, Angela Lingenfelter
NAYS: None
ABSENT: Alderman Justin Nelson
APPROVED:
AK))
ent Mc owell, Mayor
ATTES 1:
Diana Pavley-Rock, City Clerk
EXHIBIT A
CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES
PART I
AGREEMENT
THIS AGREEMENT, entered into this 12th day of February 2021,by and between the
City of Canton,Fulton County, State of Illinois, (hereinafter called the grantee),and the
Western Illinois Regional Council,a regional council of public officials organized and
existing pursuant to 50 ILCS 10/1 (1992) (hereinafter referred to as WIRC):
WITNESSETH THAT: WHEREAS,the grantee desires to implement certain infrastructure
improvements and related activities under the general direction of the United States
Department of Commerce Economic Development Administration (US DOC EDA) Public
Works and Economic Adjustment Assistance (PWEAA); and
WHEREAS,the grantee desires to engage the WIRC to render certain services in
connection with the program's administration and implementation,
NOW,THEREFORE BE IT AGREED,by and between the grantee and WIRC as follows:
1. Scope of Services. The WIRC shall perform various services and tasks as might be
required to assist the grantee in implementing its program responsibilities. All tasks
performed by WIRC shall be in accordance with the rules and regulations as
established by US DOC EDA.
Professional and technical services to be provided to the grantee shall include the
following:
a. Completion of all necessary Project and Financial reporting.
b. Preparation and maintenance of a financial management system including
establishing a bookkeeping system,maintaining accurate and complete records of
all transactions and issuing periodic financial reports to the grantee.
c. All phases of program administration necessary to ensure expedient and efficient
implementation of the PWEAA grant,including but not limited to the following:
1) establish and maintain program files;
2)complete and submit to EDA the necessary paperwork and financial
information needed prior to project start-up.
3) complete and submit to EDA the necessary payment vouchers and
documentation needed for payment of program funds by the EDA;
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4) assist the grantee in completing the necessary paperwork to ensure a grant of
$1,026,637.00 to the grantee for Water Treatment Plant Rehabilitation as
outlined in the grant award document as executed between EDA and the
grantee;
5) attend and respond to all EDA monitoring visits;
6) and other programmatic responsibilities required by EDA to successfully
implement the program.
d. Monitor the project during its completion to ensure that all federal,state, and local
program regulations are adhered to satisfactorily.
e. Monitor equal opportunity activities of the grantee and any construction company
involved in the project to ensure all federal,state,and local regulations are
adhered to satisfactorily.
f. Ensure compliance with all federal and state labor standards,including but not
limited to,securing employee wage decisions,conducting payroll reviews and
employee interviews,and report on wage compliance.
g. Complete program closeout requirements to include preparation of a Final Grant
Financial Status Report and Grant Final Project Status Report. Grantee
Performance Report and other EDA close out materials and assisting as necessary
in a program audit.
2. Time of Performance. The services of the WIRC shall commence upon the approval of
the Agreement by the membership of the grantee governing body and the WIRC as
executed by the Executive Director,and shall continue until all items listed as part of
the Scope of Services section are completed.
3. Access to Information. It is agreed that all information data,reports,and records,and
maps as are existing,available, and necessary for the carrying out of the work outlined
previously shall be furnished to WIRC by the grantee and its agencies. No charge will
be made to WIRC for such information and the grantee and its agencies will cooperate
with WIRC in every way possible to facilitate the performance of the work described in
the Agreement.
4. Compensation and Method of Payment. The maximum amount of compensation and
reimbursement to be paid hereunder shall not exceed$35.000.00 for the term of the
grant agreement between EDA and the Grantee. Compensation shall be paid as
follows:
a. The WIRC shall voucher in the following manner:
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Grant contract period: 01/19/2021 through 10/31/2024 to be billed in four
installments by WIRC;said installments to include compensation for services
provided from 01/17/2021 through the end of the grant contract period. The
first installment shall not be billed until after the release of funds for the grant.
50%of administrative payments shall come from the EDA grant.
b. Monthly reports of actual costs incurred will be retained by the WIRC and available
upon request of the grantee.
c. The grantee may withhold up to 10 percent of the total contractual obligation from
the final payment until such time as all program close-out requirements have been
met and an audit the program funds has been conducted.
The WIRC reserves the right to request additional compensation at the rate of$25.00
per hour(not to exceed$3,000) for any work performed by the WIRC above and
beyond the professional and technical services described in the Scope of Services
section of Part One of this agreement or if additional work is required or necessary to
successfully complete the project due to inactivity on the part of the village/city or the
project engineer.
5. Prior Performance. The grantee hereby accepts any satisfactory performance
pursuant to the Contract,which may have occurred prior to the execution date of
this Contract,provided such performance meets with the approval of the grantee.
6. Indemnification. WIRC shall comply with the requirements of all applicable laws,rules
and regulations,and shall exonerate,indemnify, and hold harmless the grantee and its
agency members from and against them,and shall assume full responsibility for
payments of federal,state,and local taxes on contributions imposed or required under
the Social Security,Workers' Compensation and income tax laws.
7. Miscellaneous Provisions.
a. This Agreement shall be construed under and in accord with the laws of the State
of Illinois,and all obligations of the parties created hereunder are performable
within the project area of the grantee.
b. This Agreement shall be binding upon and insure to the benefit of the parties
hereto and their respective heirs, executors,administrators,legal representatives,
successors and assigns where permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect,such
invalidity,illegality, or unenforceability shall not affect any other provision thereof
and this Agreement shall not be construed as if such invalid,illegal or
unenforceable provision had never been contained herein.
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d. This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
8. Terms and Conditions. This Agreement is subject to the provision titled,"Terms and
Conditions"and attached hereto and incorporated by reference herein.
9. Nothing in this Agreement shall be construed to authorize the provision of legal
services by WIRC.
10.Acceptance of this Agreement confers upon the WIRC the authorization to act as
signature authority on behalf of the recipient.
IN WITNESS HEREOF,the
�parrtiees have hereunto set their hands and/or seals.
By: ti 4� \ J
e�owell
Mayor
Date
By:
Tracy Camdl/n, xecutive Director
Western Illinois Regional Council
Date 31 l .3j'2
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PART II
TERMS AND CONDITIONS
1. Termination of Contract for Cause. If,through any cause,WIRC shall fail to fulfill in
timely and proper manner its obligations under this Contract, or if WIRC shall violate
any of the covenants,agreements or stipulations of this Contract,the grantee shall
thereupon have the right to terminate this Contract by giving written notice to WIRC
of such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination. In such event,all finished or unfinished
documents,data,studies,surveys, drawings,maps,models,photographs,and reports
prepared by WIRC under this Contract shall, at the option of the grantee,become its
property and WIRC shall be entitled to receive just and equitable compensation for
any work satisfactorily completed hereunder.
Notwithstanding the above,WIRC shall not be relieved of liability of the grantee for
damages sustained by the grantee by virtue of any breach of the Contract by WIRC,
and the grantee may withhold any payments to WIRC for the purpose of set-off until
such time as the exact amount of damages due the grantee from WIRC is determined.
2. Termination for Convenience of the Grantee. The grantee may terminate this Contract
at any time by giving at least ten (10) days notice in writing to the WIRC. If the
Contract is terminated by the grantee as provided herein,WIRC will be paid for the
time provided and expenses incurred up to the termination date. If this Contract is
terminated due to the fault of WIRC,paragraph one hereof relative to termination shall
apply.
3. Changes. The grantee may,from time to time,request changes in the scope of the
services of WIRC to be performed hereunder. Such changes,including any increase or
decrease in the amount of WIRC's compensation,which are mutually agreed upon by
and between the grantee and WIRC,shall be incorporated in written amendments to
this Contract.
4. Personnel.
a. The WIRC represents that it has, or will secure at its own expense,all personnel
required in performing the services under this Contract. Such personnel shall not
be employees of or have any contractual relationship with the grantee.
b. All of the services required hereunder will be performed by WIRC or under its
supervision and all personnel engaged in the work shall be fully qualified and shall
be authorized or permitted under state and local law to perform such services.
c. Any work or services subcontracted hereunder shall be specified by written
contract or agreement and shall be subject to each provision of the Contract.
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5. Assign ability. The WIRC shall not assign any interest on this Contract, and shall not
transfer any interest in the same (whether by assignment or novation),without the
prior written consent of the grantee.
6. Reports and Information. The WIRC shall furnish the grantee periodic reports
pertaining to the work or services undertaken pursuant to this Contract,the costs and
obligations incurred or to be incurred in connection therewith, and any other matters
covered by this Contract.
7. Records and Audits. The WIRC shall maintained accounts and records,including
personnel,property and financial records adequate to identify and account for all
costs pertaining to the Contract and such other records as may be deemed necessary
by the grantee to assure proper accounting for all project funds,both state and non-
state shares. These records will be made available for audit purposes to the grantee or
any authorized representative to assure proper accounting for all project funds,both
state and non-state shares,and will be retained for five (5) years after the expiration
of this Contract unless permission to destroy them is granted by the grantee.
8. Compliance with Local Laws. WIRC shall comply with all applicable laws, ordinances,
and codes of the state and local governments.
9. Equal Employment Opportunity. The WIRC agrees that it will comply with state and
federal civil rights laws together with all requirements mandated by the regulations of
the Department of Housing and Urban Development. No person in the United States
shall,on the grounds of race,religion,color,or national origin,be excluded from
participation in,be denied the benefits of,or be otherwise subjected to discrimination
under any programs or activities undertaken by the WIRC. The WIRC further agrees
to comply with Executive Order 11246 as amended and subsequent laws,rules and
regulations effectuating same,which prohibits discrimination because of race, color,
religion,sex or national origin and requires that affirmative action be taken; and will
require compliance with the above by its contractors, subcontractors,vendors,and
suppliers with whom the WIRC does business.
The WIRC has a Board-approved Affirmative Action Plan and takes affirmative action
by recruiting, employing,and promoting protected class members,which include
women,minorities,the handicapped, and veterans.
The WIRC therefore provides opportunities for employment and advancement without
regard for race, color,religion, sex,sexual orientation,gender identity, age,national
origin,marital status,unfavorable discharge from military service (excluding
dishonorable) or presence of a mental or physical handicap which does not impair
ability to perform required tasks. This policy applies to every aspect of employment
including,but not restricted to,recruitment,hiring,placement,promotion, demotion,
salary administration,transfer,training, compensation,reduction in work force and
termination.
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10. Interest of Members of the Grantee. No member of the governing body of the grantee,
and no other officer,employee or agent of the grantee who exercises any functions or
responsibilities in connection with the planning and carrying out of the program shall
have any personal financial interest, direct or indirect,in this Contract; and WIRC shall
take appropriate steps to assure compliance.
11. Interest of Other Local Public Officials. No member of the governing body of the
locality and no other public official of such locality,who exercises any functions or
responsibilities in connection with the planning and carrying out of the program,shall
have any personal financial interest, direct or indirect,in this Contract; and WIRC shall
take appropriate steps to assure compliance.
12. Interest of WIRC and Employees. WIRC covenants that it presently has no interest and
shall not acquire interest,direct or indirect, in the study area or any parcels therein or
any other interest which would conflict in any manner or degree with the performance
of its service hereunder. WIRC further covenants that in the performance of this
Contract,no person having such interest shall be employed.
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