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Home My WebLink AboutResolution #5308 RESOLUTION NO. 5308 t. I A 1/ BETWEEN THE CITY OF CANTON AND THE VILLAGE OF ST. DAVID FOR THE USE OF THE CITY OF CANTON'S STREET SWEEPER WHEREAS,the City Council of the City of Canton (the "City")has determined that it is necessary and in the best interest of the City to enter into an Agreement with the Village of St. David 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; 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. 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 6th day of April, 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: Aldermen Justin Nelson ABSTAIN: APPROVED: kelAi(1- lKent McDowe , Mayor ATTES Diana '. ' -errock, City Clerk EXHIBIT A AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF - -_ --- :- - •C • ANTON'S STREET SWEEPER THIS AGREEMENT,made and entered into the b day of ,2CP/, by and between the CITY OF CANTON, a municipal corporation, and the VILLAGE OF ST. DAVID, 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 (the "City") is currently the owner of a street sweeper machine that is utilized in the cleaning of the City's roadways and parking lots; and WHEREAS, the VILLAGE OF ST. DAVID (the "Village") does not currently own a street sweeper; however, the Village is in need of street sweeping services within the corporate boundaries of the Village; and WHEREAS, the Village 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 the Village; and WHEREAS,the City has determined that it is in the best interests of its citizens to obtain certain compensation for the use of its street sweeper and City's employees' operation of said street sweeper; WHEREAS,the parties have agreed that the City will provide street sweeping services 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: The Village and the City 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: The City agrees to provide street sweeping services to the Village 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 Liaisons (as set forth below) and shall be scheduled at mutually convenient times so as not to interfere with the City's use of its street sweeper.For purposes of this agreement,"street sweeping • -„- pTO'•s . _ •_T_ s s ree sweeper,a ong wi h City emp oyee(s) trained in operating same,to clean specified areas of the public roadways of the Village and located within the corporate boundaries of the Village. Said street sweeping services shall be limited to the abilities of the City's street sweeper machine and shall not include any additional services. 3. Payment Terms: The Village shall pay the City an amount of Two Hundred and No/100 Dollars per hour ($200.00/hr) for any street sweeping services provided by the City, and the Village shall pay a minimum of two (2) hours of use for each time the Village utilizes the City's street sweeping services. All payments shall be made to the City 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 the City. 4. Indemnification: The Village shall indemnify and hold harmless the City, its elected officials, officers, 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 the Village under this Agreement. 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. Termination: This Agreement may be terminated at any time upon ninety(90)days advanced written notice by any party to the other party. 7. 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 401 Main Street, Suite 1600 Peoria, IL 61602 cjjump@dcamplaw.com Village of St. David: With a Copy to: 8. 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 agr eineiit. As of the exe(.utioi1 of this agieeineilt, the pa"ties have sleeted the following as primary liaisons and alternative liaisons: City Liaison: Ronnie Robinson, Street Department Superintendent City Alternative Liaison: Dash Wilson, System Maintenance Superintendent Village Liaison: Village Alternative Liaison: 9. Relationship of the Parties: Nothing in this agreement shall be construed to consider any party or its respective elected officials, 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 Village. 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. 10. Amendments and Modifications: This Agreemetn 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. 11. Counterparts: This agreement may be executed in one or more counterparts which, when affixed together, shall constitute one and the same document. 12. 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. 13. 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 that those contained in this Agreement. 14. Governing Law: This Agreement shall be governed by the laws of the State of Illinois. IN WITNESS WHEREOF, the City and the Village have caused this Agreement to be executed by their respective duly authorized representatives effective as of the date and year first written above. CITY OF CANTON: VILLAGE OF ST. DAVID: By: 14,4Joyt,),Ap By: ATTEST: 1 ATTEST: Diana Pavley-Rock, City Clerk Village Clerk