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HomeMy WebLinkAboutResolution #3918RESOLUTION NO. 3 918 A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT SERVICES AGREEMENT BETWEEN THE SPOON RIVER PARTNERSHIP FOR ECONOMIC DEVELOPMENT AND THE CITY OF CANTON AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Community and Industrial Development Committee 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 economic development services agreement with the Spoon River Partnership for Economic Development, as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and 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 16th day of March ~ 2010 upon a roll call vote as follows: AYES: Aldermen Pickel, Ellis, Rivero, Sarff, Scehnck, Reed. NAYS: None . ABSENT: Aldermen Hartford, West. ATTEST: s. ~ ~~~ Nancy S. 'tes, City Clerk _-,AP ~VED: ~r'' / Kevin R. eade, Mayor ECONOMIC DEVELOPMENT SERVICES AGREEMENT This Agreement for Economic Development Services (Agreement) is made and entered into on this day of April, 2010, by and between the City of Canton, an Illinois municipal corporation, (hereinafter referred to as City} and the Spoon River Partnership for Economic Development, an Illinois not-for-profit corporation, (hereinafter referred to as SRPED). RECITALS WHEREAS, the City desires to promote economic development within the City of Canton, Illinois area; and WHEREAS, the City has determined that it is in its best interests to use the services of SRPED to assist in promoting economic development; and WHEREAS, SRPED's purpose is to combat community deterioration that included but is not limited to high employment and a decline of local economic conditions; and WHEREAS, the SRPED will help to promote the development, establishment or expansion of industries. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, AND PROMISES SET FORTH IN THE AGREEMENT, THE PARTIES HERETO AGREE TO THE FOLLOWING: 1. Section One -Scone of Services SRPED will provide the following services during the term of this Agreement: A. Conduct activities intended to result in a diversified and expanded tax base. B. Promote the image of the Canton area among development prospects. C. Serve as a clearinghouse and central point of coordination for economic development information and activity. D. Promote use of hotel/motel tax funds. E. Assess the available economic development incentives and provide recommendations to the City to enhance the City's competitive position. F. Stimulate and coordinate greater involvement and financial commitment of the public and private sectors in economic development efforts. G. Provide assistance and technical expertise to the City on economic development issues as needed. H. Provide assistance in packaging economic development incentives for prospective or expanding industry or business. I. Coordinate visits with development representatives for prospective locations in the City. J. Promote current business sectors and businesses in the Canton area. K. Undertake strategic initiatives that create a comprehensive community and economic development effort to grow the community. L. Meet with current and potential businesses to discuss inducements and barriers to expansion and conducting business in the Canton area and to make recommendations to improve those inducements and reduce the barriers. M. Review and recommend policies, regulations, procedures, etc., regarding business issues that maybe adopted by the appropriate agency to implement. N. Coordinate the SRPED's efforts with other development groups in the area. O. Review and make recommendations regarding options for downtown improvements and enhancements. P. Pursue grants that may be available to assist in economic development. Q. Develop and implement appropriate marketing and public relations programs. R. Maintain up-to-date community and economic data, promotional materials, and a site and building inventory. S. Provide support for the City's Revolving Loan Fund, Tax Increment Finance Districts and Enterprise Zone programs; and T. Any additional services the City may designate through an additional work order. Section Two: Budget Regarding Services The City has budgeted $90,000 (ninety thousand dollars) plus reimbursements for this Agreement in their FY2010-2011 budget, as reflected in Ordinance No. .The total budget includes both restricted and general funds as follows: FUND AMOUNT General Fund $ 45,000 TIF Funds $ 40,000 HoteUMotel Tax 5 000 Total $ 90,000 + reimbursable expenses The tax increment finance (TIF) funds are restricted fund and may only be spent out of activities as designated per statutory requirements. The Hotel/Motel Tax fund is a restricted field and funds may only be spent out of activities as designated per statutory requirements. The General Fund maybe spent on any and all activities as appropriately determined by the corporate bodies of the City of Canton. Reimbursable expenses may include but are not limited to such items as insurance, mileage reimbursement, postage, printing costs, professional memberships, office supplies, travel and training, etc. These expenses shall be paid out of the City's General Fund and will not exceed $2,500 per quarter. The City has determined their budget based on economic development needs and priorities of the City. Therefore, it is the City's intent that the budgeted amounts shall correspond to the time spent on projects that would be properly billed and payable out of the designated funds. The City's total budget, with the previously described project time percentages (hereinafter, PTP's} is as follows: FUND AMOUNT PTP's General Fund $ 45,000 50.0% TIF Funds $ 40,000 44.4% Hotel/Motel Tax $ 5,000 5.6% Total $ 90,000 100.0% Should changes in the City's economic development environment or exigent circumstances warrant, a work order can be completed to amend the PTP's, per the procedure outlined in Section 5 of this Agreement. Section Three: Cost and Payment Procedures Ali work will be completed on a time and materials basis, to be billed with complete itemization, to a maximum of $22,500 per quarter based on the rate schedules attached on Attachment A, with the first quarter ending July 31, 2010. The Ciry will make apre-payment of the $45,000 budgeted out of the General Fund upon approval and execution of this Agreement. SRPED shall send the City an invoice for professional fees and reimbursable expenses at the end of each quarter, with sufficient detail to determine all PTP's, reimbursable expenses, and noting the initial pre- payment of $45,000. Section Four: Duration This Agreement shall commence on May 1, 2010 and will be in effect through April 30, 2011. Section Five: Termination Prior to Apri130, 2010, this Agreement may be terminated by either party, by providing a ninety (90) day written notice by certified mail, which shall contain the party's intention to terminate and shall also include the effective date of such termination. All notices required by this section shall be forwarded to the following addresses: C~ SRPED: Mayor Spoon 12iver Partnership for Economic Development City Hall Executive Director 2 N. Main St. 45 East Side Square, Ste. 303 Canton, IL 61520 Canton, IL 61520 If terminated, the City agrees to pay SRPED the hourly rates for all services rendered, but not to exceed the maximums outlined in Section Three up through the date of termination. Section Six: Revisions to the Agreement This Agreement may only be revised upon mutual consent. Revision may be initiated by any party by providing at least ten (10) days written notice by certified mail, which shall contain a proposed revision, meeting date and time to discuss whether all parties approve the revision. Section Seven: Professional Management and Staffing SR.PED agrees to maintain a professional economic development staff, capable of carrying out the mission of the organization and implementing the covenants of the Agreement. Section Eight: Board Reuresentation SRPED agrees that the City shall have four representatives serving as voting members on the SRPED Board of Directors. Section Nine: Accountability and Reuorting The SRPED shall report monthly, or more frequently as requested by the City, to the City on its progress toward economic goals and priorities. Section Ten: Yndemnification SRPED agrees to protect, indemnify, hold and save harmless the City against any and all claims, demands, costs or judgments which may arise out of this agreement. Section Eleven: SeverabilitY If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. AlI remaining provisions of this Agreement shall remain in full force and effect. Section Twelve: Entire Agreement This Agreement contains the entire Agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, and understandings, either written or oral, with respect thereto. Section Thirteen: Amendments It is the intention and agreement of the parties that all provisions are included herein. However, if by mistake or otherwise, some provision is not contained herein, or is not reflected here in proper form, then upon application of either party per the procedure outlined in Section Five, the contract maybe amended. When mutually agreeable, the contract may be modified as necessary because of changing requirements or for other reasons as determined by the City Council. However, any modification or amcndment will only be by written agreement as duly executed by the parties and their authorized representatives asper the procedure outlined in Section Five. Section Fourteen: Assignability Neither party can assign this contract without the other party's prior written permission. Section Fifteen: Enforcement This Agreement shall be governed by, construed, and enforced in accordance with the laws ofthe State of Illinois. Section Sixteen: Compliance with Law SRPED agrees to comply with all applicable laws, rules, and regulations promulgated by the City, or any federal, state, county, and/or government unit or regulatory body now in existence or which may become effective during the term of this Agreement. ATTACHMENT A FEE SCHEDULE Hourly Rates Executive Director $82.40 Deputy Director $61.80 Office Manager $41.20