HomeMy WebLinkAboutResolution #5402RESOLUTION NO. S _ QZ,
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CANTON AND CANTON TOWNSHIP FOR THE PURPOSE
OF GARBAGE PICKUP
WHEREAS, the City of Canton, Illinois (the "City") is a non -home rule municipality that
provides garbage pickup services for the residents of the City of Canton;
WHEREAS, Canton Tgwnship (the "Township") is an Illinois township in the need of
garbage pickup services;
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 to enter into an intergovernmental agreement with
Canton Township for the purpose of garbage pickup;
WHEREAS, such an intergovernmental 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, which provide for the execution of agreements
and implementation of cooperative ventures between public agencies or local governments of the
State of Illinois;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and
directed to execute an intergovernmental agreement on behalf of the City of Canton with
Canton Township to provide garbage pickup services.
2. That the rate for garbage pickup services under said intergovernmental agreement shall be
�y,
3. That the City Attorney shall assist in preparing said intergovernmental agreement to be
approved by the Mayor prior to execution;
4. 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 20th
day of December, 2022, upon a roll call vote as follows:
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NAYS:
ABSENT:
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ATTEST:
drea I Smith -Walters, Acting City Clerk
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
CANTON TOWNSHIP AND
THE CITY OF CANTON FOR WASTE REMOVAL SERVICES
THIS AGREEMENT made and entered into this 15th day of March, 2023, is by and
between Canton Township, (hereinafter referred to as the "Township"), and the City of Canton
(hereinafter referred to as "City") (collectively "the Parties") pursuant to the authority of Article
VII, Sections 1 and 10 of the Constitution of the State of Illinois, and the Intergovernmental
Cooperation Act, 5 ILCS 220/1 et. seq., Sections 5/10-20 (105 ILCS 5/10-20), all as amended from
time to time.
WITNESSETH:
WHEREAS, the City provides waste removal services to the citizens of the City; and
WHEREAS, the Township has multiple locations in need of waste removal
services; and
WHEREAS, the City has the ability to service the Township's waste removal needs
and the parties believe it to be in both of their best interests to enter into this Agreement to allow
the City to provide waste removal services to the Township;
WHEREAS, the City, a non -home rule municipality, is a unit of local government under
Article VII, Section 1 of the Illinois Constitution of 1970, and as such, has the authority to exercise
control over the areas under its authority; and
WHEREAS, the Township is a unit of local government under Article VII, Section 1 of
the Illinois Constitution of 1970, and as such, has the authority to exercise control over the areas
under its authority; and
WHEREAS, this Agreement is authorized by the Illinois Constitution of 1970 and the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq., providing for the execution of
agreements and implementation of cooperative ventures between units of local government of the
State of Illinois; and
WHEREAS, the Township and the City have reached an agreement concerning the terms
and conditions related to the City's waste removal for the Township from certain locations; and
NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants
set forth hereinafter, it is agreed as follows:
I. Services Rendered:
Except as otherwise stated herein, the City agrees to furnish equipment and services to collect
and dispose of waste materials at the Township locations set forth in Article III below. Waste
materials for this Agreement shall mean non -hazardous solid waste and shall exclude any
materials, substances, or other waste provided in violation of any provision of the Canton
Municipal Code, as well as any organic waste, industrial process wastes, asbestos -containing
material, petroleum contaminated soils or materials, treated/de-characterized wastes, demolition
debris, tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infection, bio -
hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by,
characterized or listed under applicable federal, state, or local laws or regulations, any materials
containing information protected by federal, state or local privacy and security laws or regulations
(collectively "Excluded Materials"). The City reserves the right to refuse the collection and
disposal of any waste materials, and the Township acknowledges and agrees that it will comply
with all City ordinances, rules, and regulations regarding the waste materials it provides to the City
for collection and disposal.
The City shall provide equipment for the collection of the waste materials except for
containers/dumpsters at each location. The City shall be solely responsible for the maintenance
and upkeep of its equipment.
The Township shall purchase and provide proper containers/dumpsters at each of the
locations to be serviced. The Township shall ensure the containers are able to collect solid waste
and ensure the City's equipment is capable of lifting the Township's containers/dumpsters at each
location to be serviced. All containers and dumpsters utilized and owned by Township must be
approved by the City before being utilized for the services set forth in this Agreement. The
Township shall solely be responsible for the maintenance and upkeep of its containers/dumpsters
and shall either repair or replace the relevant containers/dumpsters if the City notifies the
Township that any container/dumpster is no longer suitable for these purposes.
II. Term:
The term of this Agreement shall commence (retroactively) from March 13, 2023 and
shall continue until February 28, 2025. This Agreement shall not automatically renew
without a written agreement by the parties. Either party may terminate this Agreement upon
sixty (60) days' written notice.
III. Locations to be Serviced:
Location Name Address
No. of
Containers
Container
Size
Service
Das
Seasonal
Service Days
Canton Township 1013 W. Locust St.
1
6 yd.
Tuesday
N/A
IV. Charges and Payment:
The Township shall pay the City a total of Three Thousand Six Hundred and No/100
($3,600.00) per year for the services detailed herein. The Township shall be billed on a monthly
basis by the City, to be received by the 15th of each month, and the monthly amount shall total
Three Hundred and No/100 ($300.00). Due to costs outside the control of the City, if labor, fuel,
tippage/landfill fees, insurance, and/or other costs increase and the City determines that the
monthly rate set forth herein is inadequate, then the City may provide sixty (60) days written notice
prior to the rate change taking effect. In the event that the Township does not accept the new rates
and wishes to terminate this Agreement, it must notify the City within said sixty (60) day period.
Otherwise, the newly established rates will go into effect and this Agreement shall continue
through the end of the term.
Payment by the Township for the services rendered under this Agreement shall be paid to
the City by the 151h of each respective month with the first payment being due and owing on March
15, 2023. If the City has issued a timely invoice but does not receive payment by the 15th of each
month, a 10% late fee shall be applied in addition to the regular monthly payment. If any late
payments occur, the payment provided by the Township to the City shall first be applied to late
fees and then to regular monthly payments.
V. Indemnification:
The City agrees to indemnify, defend, and hold the Township, its Supervisor, Clerks, Trustees,
elected and appointed officials, agents, employees, attorneys and assigns harmless from and
against any and all liability which the Township may be responsible for or pay out as a result of
bodily injuries, death, property damage, or any violation or alleged violation of law, to the extent
caused by any negligent act or omission or willful misconduct of the City or its employees, agents,
or assigns, which occurs (a) during the collection or transportation of the Township's waste
materials, or (b) as a result of the disposal of the Township's waste materials in a facility lawfully
operated, provided the City's indemnification obligations shall not apply to occurrences involving
Excluded Materials.
The Township agrees to indemnify, defend and hold the City, its Mayor, Clerk, Alderpersons,
elected and appointed officials, agents, employees, attorneys and assigns harmless from and
against any and all liability which the City may be responsible for or pay out as a result of bodily
injuries, death, property damage, or any violation or alleged violation of law to the extent caused
by the Township's breach of this Agreement or by any negligent act or omission or willful
misconduct of the Township, its officials, employees, agents, or assigns, or any of their use,
operation or possession of any equipment furnished by City, the Township's own
containers/dumpsters, or any substances placed within the containers/dumpsters for collection or
disposal. The Township shall additionally assume all risk of loss for any and all items, waste
materials and anything placed within the Township's containers/dumpsters and shall hold the City
harmless from any loss or risk of loss from any items collected as part of this Agreement by the
City collected from the Township's containers/dumpsters.
VI. Insurance:
Each party shall keep in force, at all times during the term of this Agreement: (i) Commercial
General Liability Insurance including fire legal liability specifically including bodily injury,
personal injury and property damage limits of not less than $2,000,000 per occurrence; (ii)
comprehensive Automobile liability insurance covering all owned, hired and non -owned vehicles
with the limits of liability not less than $1,000,000 combined single limit bodily injury and
property damage each accident; and (iii) Workers' Compensation insurance in full compliance with
workers' compensation laws of the State of Illinois, together with employer's liability coverage
with minimum limits of liability in the amount of: $500,000 each accident Bodily Injury by
Accident, $500,000 policy limit Bodily Injury by Disease, and $500,000 each employee Bodily
Injury by Disease. Policies shall be written on an occurrence basis and at all times naming the
other party to this Agreement, its public officials, employees, volunteers and agents as additional
insureds. In the event that either party is self-insured, a member of an intergovernmental pool, or
provides for its risk financing by a means other than commercial insurance, that party shall keep
in force at all times during the term of this Agreement, coverage equivalent to the types and
amounts stated above.
Each party shall maintain property insurance for the full replacement cost of the buildings on
its site, as well as public officials liability insurance/coverage in the amount of $1,000,000 per
occurrence.
In addition, each party shall furnish certificates of the insurance and/or coverage in place as
required herein and including a 90 -day notice of cancellation or reduction in limits. The policy
and/or coverage shall also contain a "contractual liability" clause.
VII. Notices and Other Terms:
All notices shall be in writing, sent by e-mail or by certified mail, return receipt requested, with
proper postage prepaid, shall be deemed to have been given on the date of the mailing, and shall
be addressed as follows (unless otherwise designated by a party in writing):
City of Canton: Mayor Kent McDowell
City of Canton
2 North Main Street
Canton, Illinois 61520
kmcdowell(ci%cantoncityliall.org
With copy to: Christopher J. Jump, City Attorney
Davis & Campbell L.L.C.
401 Main Street, Suite 1600
Peoria, Illinois 61602
ciiumpCo)dcamplaw.com
Township: Jeremy Kauzlarich, Township Supervisor
Canton Township
1013 W. Locust Street
Canton, IL 61520
jkcantontownship@gmaii.com
Relationship of the Parties. Nothing in this Agreement shall be construed to consider any
party or its respective elected officials, appointed officials or employees, 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 Township. 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.
Amendments and Modifications. This Agreement may be modified or amended from time
to time provided, however, that no such amendment or modifications shall be effective unless
reduced to writing and duly signed by an authorized representative of the parties after approval at
a public meeting in accordance with the Illinois Open Meetings Act.
Counterparts. This Agreement may be executed in one or more counterparts which, when
affixed together, shall constitute one and the same document.
Savings Clause. If any provision of this Agreement, or the 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.
Entire Agreement. This Agreement sets forth all the covenants, conditions and promises
between the parties. There are no covenants, promises, agreements, conditions or understandings
between the parties, either oral or written, other than those contained in this Agreement.
Governing; Law and Venue. This Agreement shall be governed by the laws of the State of
Illinois. Venue for all actions between the parties shall lie solely in the state court having
jurisdiction over Fulton County, Illinois.
No Waiver. The failure of either party to this Agreement to insist upon the performance of
any of its terms and conditions, or the waiver of any breach of any of the terms and conditions of
this agreement, shall not be construed as thereafter waiving any such terms and conditions, but
they shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
IN WITNESS WHEREOF, the City and Township have caused this Agreement to be
approved by official action of their respective governing bodies taken in open session at public
meetings held in conformance with the Illinois Open Meetings Act and executed by their
respective duly authorized representatives effective as of the day and year first written above.
CITY O ANTON: CANTON SHIP:
By: By: �--�
ent McDowel r Je7OK Kauzlarich, Township Supervisor
ATT T:
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A drea J. Sm -Walters, City Clerk Cecile Conklin, Township Clerk