HomeMy WebLinkAboutResolution #5410RESOLUTION NO. 5410
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CANTON AND THE CITY OF PEORIA
FOR THE SALE OF A FIRE TRUCK AND
PROVISION OF CERTAIN FIRE TRAINING SERVICES
WHEREAS, the CITY OF CANTON ("Canton") is currently the owner of a 1996 Pierce
Saber (VIN No. 4P 1 CT02U6TA000126) (the "Fire Truck"), which is no longer necessary or useful
to, or for the best interest of the City and has been authorized for sale upon the approval by the
Mayor (see Ordinance No. 4321);
WHEREAS, the CITY OF PEORIA ("Peoria"), more specifically its Fire Department,
needs an additional fire truck to use for fire protection services and other public purposes; and
WHEREAS, Peoria has determined that it would be in the best interest of the safety and
welfare of its respective citizens to purchase the Fire Truck from Canton; and
WHEREAS, Peoria owns certain property utilized for the training of firefighters and
Peoria also provides certain fire training services, including a Fire Training Academy and
promotional testing (the property and fire training services may collectively be referred to
hereinafter as "Fire Training Services");
WHEREAS, Canton desires, to utilize Peoria's Fire Training Services from time -to -time
for new firefighter training, as well as training and promoting existing firefighters of the Canton
Fire Department;
WHEREAS, Canton and Peoria desire to enter into an Intergovernmental Agreement that
provides: (i) the Canton will sell the Fire Truck to Peoria and (ii) Peoria will provide Canton a
credit to be used towards Fire Training Services, on the terms and conditions set forth in said
Intergovernmental Agreement;
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 to sell
the Fire Truck and to obtain certain Fire Training Services; and
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 is hereby authorized and directed to execute an Intergovernmental
Agreement, substantially in form attached hereto as "Exhibit A," upon finalizing its
remaining terms and conditions with the City of Peoria.
2. That the City Attorney shall assist in preparing said Intergovernmental Agreement to be
approved by the Mayor prior to execution;
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 7h
day of February, 2023, upon a roll call vote as follows:
AYES: Alderpersons Chamberlin Nelson Lovell Grimm Hale Fritz Gossett
NAYS: None
ABSENT: Alderperson Linaenfelter
AT ST:
�drea J. S ith-Walters, Acting City .Clerk
APPROVED:
un �Iam
Kent ?well, Mayor
EXHIBIT A
SEs iff 5q ao
AN INTERGOVERNMENTAL. AGREEMENT
BETWEEN THE CITY OF CANTON AND THE CITY OF PEORIA
FOR THE SALE OFA FIRE.TRUCK.AND
PROVISION OF CERTAINFIRE TRAINING SERVICES
THIS AGREEMENT, made and entered. into the % if day of ; 2023 by .and
between the CITY OF CANTON, a municipal corporation; and the CITY OF PEORIA,. 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 1906 Pierce
Saber (VIN No. 4P 1 CT02U6TA000_l26) (the "Fire Truck"), which is no longer necessary'or useful
to; or for the best interest of the City;
WHEREAS, `the CITY OF PEORIA- ("Peoria"), more specifically its Fire Department,
needs an additional fire truck to use for fire protection services and other public purposes; and
WHEREAS, Peoria has determined- that it would be. the best interest of the safety and
welfare of its respective citizens to purchase the Fire Truck from Canton; and
WHEREAS, Peoria owns certain. property utilized for the training of firefighters and
Peoria also provides certain fire training services, including a Fire Training Academy and
promotional testing .(the property and fire training services may collectively be referred to
hereinafter as' Fire Training Services");
WHEREAS, Canton desires; to utilize Peoria's Fire Training Services from time -to -time
for .new firefighter. training, as well as training and promoting existing firefighters, of the Canton
Fire Department;
WHEREAS; the parties have agreed that. (i) the Canton will sell the Fire Truck to Peoria
and (ii) -Peoria will provide Canton a credit to be used towards Fire. Training 'Services, on the terms
.and conditions set forth below; and
WHEREAS, this Agreement is authorized by Article VII, Section 1.0 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 theexecution of agreements and implementation of
cooperative ventures between publcl.agencies or local governments of the State of Illinois;
NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants
set forffhereinafter, it is agreed as follows:
Page 1 of 7
1. Purpose: Canton and Peoria recognize the need for units of local government to
provide safe, reliable fire protection services. arid to ensure their respective firefighters are
adequately trained to meet the emergency needs of their respective citizens. 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 providing
safe, reliable, and well-trained fire protection -services.
2. Sale. of Fire Truck: Upon the execution of this Agreement; and upon receipt of
payment from the Peoria in the amount of Eight Thousand Five Hundred and No/100 Dollars
($8,500:00); -Canton shall, transfer the Fire Truckto Peoria, free and clear of all encumbrances and
liens, by executing. a :Bill of Sale, substantially in the form attached hereto as "Exhibit A."
CANTON.HEREBYNOTIFIES PEORIA, AND PEORIA HEREBY'ACKNOWLEDGES AND
AGREES, THAT'THE FIRE TRUCK IS BEING SOLD "AS IS" WITHOUT WARRANTY OF
ANY KIND,. EITHER EXPRESS OR IMPLIED, REGARDING THE CONDITION OF THE
VEHICLE.
3. . Provision of Fire Training Services: Upon receipt of the Fire Truck, Peoria shall
issue a credit in the. amount of Three Thousand Five Hundred and No/1.00 Dollars ($3,,50.0:00) to
Canton for the provision of Fire Training. Services. The credit shall be able to be used by Canton
for any purpose is deems necessary for purposes .of Fire Training Services, including but not
limited to, renting Peoria's. fire training tower(s), enrolling future Canton firefighters in Peoria's
Fire Training Academy, accessing -materials and other training resources of Peoria, and receiving
training, instruction, and/or testing from Peoria for purposes of training existing. Canton
firefighters. Canton. shall. not be required to use all of the credit for any particular Fire Training
Service provided by Peoria and said credit shall not have an :expiration date, provided, Peoria is
still providing Fire Training Services to 'its firefighters or to others. -No Fire Training Services
provided by Peoria shall require any Canton firefighter to become employed by or otherwise
volunteer for Peoria. Peoria's City Manager and Fire Chief 'shall issue a written letter; signed by
them both, acknowledging the existence of the above -said credit.
4. Authori Both parties hereby warrant to each other that they have the lawful
authority to enter into this. Agreement and consummate the transactions contemplated herein. The
undersigned shall further have the authority to execute any and all further documents and
instruments necessary to effectuate the foregoing. (e.g. vehicle titles).
5. Notices: All notices shall be in writing, sent.by e-mailor 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
E-mail: Kmedowel1(@cantoncjVhall.org
Page 1 of 7
With a copy to: Christopher. J. Jump, City Attorney
Davis -& Campbell L.L:C.
401 Main Street; Suite 1600
Peoria, IL 61602
E-mail: cii @dcgMplAw'.com
City of Peoria: PatrickUrich, City Manager
City of.Peoria
419 Fulton Street
Peoria, -IL 61'602
E-mail: CiManag_er(ameoria og v.ora
With a -Copy to:. Chrissie Kapustka, Assistant Corporate Counsel
City of Peoria
419 Fulton Street, Room 403.
Peoria, IL '61602
E-mail: ckapiistkaa—peoria" og_ v.or
6. 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 agreementand :to provide and receive information pursuant to
thi's agreement. As of the execution of this agreement, the parties have selected the following as
primary liaisons and alternative liaisons:
Canton Liaison: Scott Roos, Fire Chief
Canton Alternative Liaison: `Kent McDowell, Mayor.
Peoria Liaison: Roland Tenley, Division Chief of Training
Peoria Alternative Liaison: Shawn Sollenberger, Fire Chief
7. Relationship of the Parties: Nothing in this agreement shall be construed to
consider any p"arty or its respective. elected officials, department heads, aldermen/alderwomen,
officers, attorneys, insurers, employees and/or agents the agents or employees of the other parry._
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 Peoria.
No party, shall become bound, with respect to third parties,.by any representation, act, or, omission
of the other parry. This Agreement. is for thebenefit of the contracting parties only and is not
intended to raise or acknowledge any duty regarding conduct or other -form of liability as to th_rd
parties.
8-. Amendments and Modifications:. This Agreement may be modified or amended
from time to time, provided, however, that no, such amendment or modification shall beeffective
unless -reduced to writing and duly signed by an.:authorized representative of the parties.
9. Counterparts: This agreement maybe executed -in one or more counterparts which,.
when affixed together, shall constitute one and the same document.
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10. Savings Clause: If any provision of this Agreement, or aPplication of such
-pr-ov isiori, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason
of its requirimg, any steps, actions or results, the remaining parts or portions of th-_'s Agreement shall
remain in Rill force and effect.
1 1. Entire Ageemerit: 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. -
12. 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 PEORIA have
cause&this Agreement to be executed by their -respective duly au. thorized,representatives on the
date(s).-set forth below.
CITY OF CANTON: CITY OF PEORIA
By
By: G/v \
nt IVIG owe ayor. Print (Title): j'v',
DATE: DATE:
ATTE T ATTEST:
I I 7drea.i.- Snfith-Walters, City Clerk
Page 4 of 7
Exhibit A — Bill of Sale
See Attached
Page 5.of 7
VEHICLE BILL OF -SALE
BE IT KNOWN that the CITY OF CANTON ("Seller"), an Illinois municipal corporation, *2 N.
Main Street; Canton, Illinois 61529, in."payment of the sum of Eight Thousand Five Hundred and No/100
Dollars ($8,500) and other good and valuable consideration, receipt and sufficiency of which.are hereby
acknowledged, on this of ' , 2023, does hereby grant, convey, sell and transfer to the
CITY OF PEORIA ("Buyer"), an Illinois municipal :corporation, 419 Fulton Street, Peoria, Illinois 61602,,
and Buyer's lawful successors, executors, heirs and -assigns forever, :the following :described motor vehicle
(hereinafter referred to as the "Vehicle"):
Year of Manufactures
1996
Make:
Pierce
Model:
Saber
State. of -Registration:
Illinois
Vehicle Identification Number (VII),: 4P-lCT02U6TA.000126
Odometer Disclosure /
-Seller discloses to Buyer that at the time of the transfer, the odometer reads Q��. ,_.V In the best of,
Seller's knowledge, the odometer reading reflects the actual mileage.of the Vehicle.
Initial:
Payment
The total. purchase price of the Vehicle is EightThousand Five Hundred and No/100 Dollars ($8,500.00).
As additional consideration for the purchase of the Vehicle, Buyer will provide a credit of Three Thousand
Five Hundred and No/100 Dollars ($3,500.00) for certain :training services, as more fully set forth in an
Intergovernmental Agreement between the Buyer and Seller executed simultaneously with this Bill of Sale.
Seller's Representations and Warranties
Seller represents and warrants to Buyer that:
'I. Seller, is the lawful -owner of the Vehicle with the full legal right and authority to enter into the
transactions contemplated hereby and to sell, transfer and convey the Vehicle in accordance with
the terms hereof
2. the transfer of the -Vehicle is rightful;.
3. the Vehicle is free of all liens, encumbrances and liabilities whatsoever; and
4. to the best. of Seller's.knowledge, the. information and facts disclosed herein with regard to the
Vehicle and its. title are true and correct. in all material respects.
SELLEW & WARRANTIES RELATING TO- THE VEHICLE
SELLER HEREBY NOTIFIES BUYER, AND BUYER.HEREBY,ACKNOWLEDGES AND AGREES,
THAT THE VEHICLE IS BEING SOLD "ASIS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, REGARDING THE CONDITION OF THE VEHICLE: THERE- ARE NO
WARRANTIES THAT EXTEND BEYOND "THE DESCRIPTION ON THE FACE HEREOF.
BUYER,HAS THE RIGHT TO INSPECT THE VEHICLE AT ANY REASONABLE PLACE AND TIME
AND IN A REASONABLE MANNER BEFORE THE PAYMENT FOR OR ACCEPTANCE OF THE
VEHICLE. SELLER ASSUMES NO RESPONSIBILITY FOR ANY REPAIRS REGARDLESS OF ANY
ORAL STATEMENTS'MADE ABOUT THE VEHICLE.
[SIGNATURE PAGE TO FOLLOW]
Page 1 of 2
IN WITNESS WHEREOF, Seller and'Bayer have hereto set their hands to this Bill of Sale on thig;,
the 14f day of11-0- - 2023.
Seller:
Buyer:
By: Kent A. McDowell
Its: Mavor
By: Scott Roos
Its: Tire Chief
City of Peotia,jIliftbis
By:
Its: 0-
B J- / L?M-4 '
Y
Its:
Page 2 of 2