HomeMy WebLinkAboutResolution #5305 RESOLUTION NO. 5305
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 That Resolution No 5303 is hereby repealed, replaced, and entirely superseded by this
Resolution.
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 30
day of March, 2021, upon a roll call vote as follows:
AYES: Alderman Craig West, John Lovell, Quin Mayhew, Andra Chamberlin, Angela
Hale, Jeff Fritz, Angela Lingenfelter
NAYS: None
ABSENT: Alderman Justin Nelson
ABSTAIN:
APPROVED:
Kent McD 1, Mayor
ATTE:
llf/
Diana
'avley-Rock, City Clerk
EXHIBITA
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 �O day of / Ad\, 2021, 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.
WITNES SETH:
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
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
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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 specified 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.
3. Payment Terms: Cuba shall pay Canton an amount of Two Hundred and No/100
Dollars per hour ($200.00/hr) for any street sweeping services provided by Canton, and Cuba
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.
4. SuppIies/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,
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)
days advanced written notice by any party to the other party.
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
ci,junU VVdeamplaw.com
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City of Cuba: Mayor Roderick Marshall
City of Cuba
403 E. Jefferson St.
Cuba, IL 61427
With a Copy to: Miller,Hall&Triggs,LLC
Scott Brunton
City Attorney
416 Main Street, Ste. 1125
Peoria,IL 61602
scott.bruntontcq nihtlaw.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
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
10. 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 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
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of its requiring any steps, actions or results, the remaining parts or portions of this Agreement
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 OF CANTON: CITY OF CUBA I�
By: /� /t /`�-" 1 �- �4P By: J rl()/t O
ent McDowell,Mayor Roderick Marshall
DATE: 3.. i DATE: 3J2S 101
AT ' ATTEST: e. .
Diana •avley-Rock,City Clerk Sarah E. Oiler,City Clerk
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