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HomeMy WebLinkAboutResolution #37081 RESOLUTION NO. ~~pg A RESOLUTION APPROVING AN INTER-GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON, ILLINOIS AND FULTON COUNTY, ILLINOIS. WHEREAS, Fulton County through its Emergency Services and Disaster Agency has successfully applied and received approval for a grant from the Illinois Emergency Management Agency of funds from the United States Department of Homeland Security on behalf of Region 9; and, WHEREAS, the City of Canton and the County of Fulton are members of Region 9; and, WHEREAS, the City of Canton, Illinois has determined it is in their best interest to enter into an inter-governmental agreement with the County of Fulton, Illinois in respect to the grant; and, WHEREAS, the inter-governmental agreement will enhance the working relationship between the City of Canton and County of Fulton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the City Council hereby finds the foregoing recitals to be fact. 2. That the City Council finds it in its best interest to enter into the inter- governmental agreement with the County of Fulton, Illinois, attached hereto. 3. That the Mayor and City Clerk are hereby directed to affix their signatures to the agreement on behalf of the City of Canton, Illinois. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 21st day of September 2004. AYES: ALdern~ Reed, .Hartford, ~ar1., Harn., Moileck, r'illingham, Reed. NAYS: ~~, ABSENT: Alderman [west. APPROVED: Je M. Bohler, ayor ATTEST: ancy White City Clerk Inter-governmental Agreement An Inter-governmental Agreement Regarding the acquisition, utilization, maintenance and keeping of certain materials and equipment obtained using funds from the Illinois Emergency Management Agency Grant This Agreement is entered into as of the date of the last signature hereto ("Effective Date") between the County of Fulton, a body politic and corporate ("COUNTY"), with its principal offices at 1 GO North Main Street, Lewistown, Fulton County, Illinois, and the City of Canton ("CITY"),with its principal offices at 2 North Main Street, Canton, Fulton County, Illinois. This Agreement is created under the existing laws of the State of Illinois. RECITALS WHEREAS, the COUNTY anticipates receiving a grant from the Illinois Emergency Management Agency of funds from the United States Department of Homeland Security, Office of Domestic Preparedness FY2004 Appropriation for the Local Preparedness Grant Program ("GRANT") to be utilized to purchase equipment, planning services and reimburse for exercise costs in accordance with the budget submitted by the COUNTY in support of efforts ongoing in Homeland Security Region Nine, and WHEREAS, the COUNTY lacks appropriate storage facilities for equipment obtained through the GRANT, and WHEREAS, the COUNTY lacks appropriately trained personnel or available personnel to attend training for the use and upkeep of the equipment obtained through the GRANT, and WHEREAS, the CITY has appropriate storage facilities for equipment obtained by the COUNTY as the result of the GRANT, and WHEREAS, the CITY has existing trained personnel as well as additional full-time personnel to attend training for the use and upkeep of the equipment obtained through the GRANT, and WHEREAS, Inter-governmental cooperation between Illinois governmental entities, including, but not limited to, Inter-governmental agreements are specifically provided by law, and units of local government are authorized and encouraged to enter into Inter-governmental cooperation agreements pursuant to Section 10 of Article VII of the Illinois Constitution of 1970 as well as Section 3 of the Illinois Inter-governmental Cooperation Act (51LCS 220/1 et seq.); and WHEREAS, the COUNTY and the CITY have determined that this Inter-governmental agreement is in the best interest to each of them and to the residents and taxpayers within their authorities to execute this agreement. AGREEMENT Now, therefore, both parties agree that the above and foregoing recitals background and agreements are incorporated by reference as fully set forth and further agree herein as follows: 1. Purpose It is recognized that in a hazardous materials related emergency the CITY is in a position to respond more quickly with. equipment purchased with GRANT funds than the COUNTY, if for no other reason than the fact that the CITY employs full-time personnel available to respond to said emergencies. The purpose of this agreement is to set forth the terms and conditions of the acquisition, maintenance, storage and utilization of equipment purchased by the COUNTY with GRANT funds. 2. Acquisition of Equipment The equipment to be purchased with funds from the GRANT has been previously set forth by the COUNTY in the GRANT application. The CITY shall be responsible for developing the detailed specifications for the equipment to be purchased and shall solicit for bids for said equipment when necessary. The CITY shall submit all bids received to the COUNTY along with the CITY's recommendation as to which bid should be accepted. The COUNTY shall have final approval of the bid to be accepted and shall be solely responsible for the financial expenditures related to the purchase of any equipment acquired with GRANT funds, as well as obtaining reimbursement from the GRANT for expended funds. 3. Maintenance and Storage of Equipment The COUNTY shall place the physical possession of all equipment purchased with GRANT funds into the CITY. The CITY shall be responsible for the day-to-day care and maintenance of said equipment. The COUNTY shall retain effective control and accountability for the equipment as required by the GRANT. 4. Insurance of Equipment The CITY shall be solely responsible for procuring and maintaining insurance on equipment purchased with funds from the GRANT in an amount equal to or above the value of the equipment. The COUNTY shall be named as an additional insured on any insurance policy covering equipment purchased with GRANT funds. 2 5. Title, Licensure and Insurance for vehicles and/or trailers The COUNTY shall obtain all necessary title and Licensure documentation for any required vehicles. The COUNTY shall be listed as the owner on such documentation. The CITY shall be solely responsible for procuring and maintaining insurance for the vehicle in the event of loss, as well as liability insurance. The COUNTY shall be named as an additional insured on any insurance policy covering any vehicle and/or trailer purchased with GRANT funds. 6. Availability and Use of Equipment In accordance with the terms of the GRANT, the Illinois Emergency Management Agency (IEMA) retains the authority to require the COUNTY to order equipment to another location within Illinois as IEMA deems necessary or advisable. The CITY agrees to make the equipment and necessary personnel available to the COUNTY as necessary under the terms of the GRANT. The CITY further agrees to make the equipment and necessary personnel available to other agencies within Fulton County pursuant to mutual aid agreements akeady in place. 7. Personnel The CITY shall be responsible for supplying personnel to be trained for use of the equipment purchased with GRANT funds and to utilize said equipment. The CITY shall provide worker's compensation insurance where the same is required, and shall accept full responsibility for the payment of unemployment insurance, premiums for worker's compensation, social security and retirement and health insurance benefits, as well as all income tax deductions and any other taxes or payroll deductions required by law for employees of the CITY who are performing services related to the GRANT. 8. Record Keeping The COUNTY agrees to maintain records relating to the acquisition and reimbursement for equipment purchased through the GRANT. The CITY agrees to maintain records for equipment and non-expendable personal property and make said records available to the COUNTY during the term of this Agreement. 9. Agreement Terms and Termination 9.1 This agreement shall commence upon the Effective Date and shall continue until March 31, 2008. Upon the successful completion of the terms of this Agreement, the COUNTY shall transfer all right, title and ownership of equipment purchased with GRANT funds to the CITY and the CITY shall assume all right, title and ownership of said equipment. 9.2 Additionally, either party shall have an absolute right to terminate this Agreement without cause upon sixty (60) days written notice to the other. 10. Warranties and Indemnification 10.1 EXCEPT AS SET FORTH ABOVE, COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR .IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall COUNTY be liable to CITY or any other party for any indirect, incidental, special or consequential damages, including, without limitation damages attributed to any malfunction of any equipment purchased with GRANT funds. THIS SECTION SHALL SURVNE TERMINATION OF THIS AGREEMENT. 10.2 CITY agrees to defend themselves in any actions or disputes brought against the CITY in connection with or as the result of this Agreement and agrees to defend, indemnify and hold COUNTY harmless and free from liability of any kind whatsoever resulting from the acts or conduct of the CITY, its agents or representatives, or employees in the performance of this Agreement or in the furtherance thereof. Further, the CITY shall annually provide to COUNTY certificates of insurance detailing the actual coverages in force and effect during the term of this Agreement. COUNTY, its agents and employees shall be endorsed as additional insureds on applicable policies subject to this Agreement. The insurance shall provide for written notice to be sent to COUNTY within thirty (30) days of any cancellation or material change of said coverages. Said notice shall be sent to: FULTON COUNTY Attn: Fulton County ESDA Coordinator 100 North Main Street Lewistown, Illinois 61542 11. Notices Notices given by one party to the other under this Agreement shall be in writing and shall be delivered personally, sent by express delivery service, certified mail or first class U.S. mail postage prepaid and addressed to the respective parties as follows: To COUNTY: FULTON COUNTY Attn: Fulton County ESDA Coordinator 100 North Main Street Lewistown, Illinois 61542 4 To CITY: CITY OF CANTON Attn: Mayor 2 North Main Street Canton, IL 61520 or to such other address as either party shall designate by proper notice. Notices will be deemed given as of the earlier of a) the date of actual receipt, b) the next business day when notice is sent via express mail or personal delivery or c) three (3) days after mailing in the case of first class or certified U.S. mail. 12. Assignment Neither party shall assign any right or obligation under this Agreement without the other party's prior written consent. Any attempted assignment shall be void. 13. Force Majeure Neither party, nor their respective employees or agents, shall be liable in any way for delays, failure in performance, loss or damage due to any force majeure conditions, including but not limited to labor strikes or labor disputes, acts of God, civil riot restrictions by government authority, and any other causes beyond that party's reasonable control. 14. General (a) Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege. (b) No third party shall have any rights under this Agreement as a third party beneficiary. (c) The parties represent that they have all requisite authority to enter into and perform the obligations under this Agreement. (d) Each party shall comply with all federal, state and local laws, rules and regulations applicable to its performance under this Agreement. (e) If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a mutually agreeable valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. S 15. Entire Agreement This Agreement and'the Exhibits referred to herein, which are incorporated herein by this reference, constitute the entire agreement between the parties with respect to the subject matter hereof superseding all previous understandings and communications, oral and written, between the parties. This Agreement may not be modified except by an instrument in writing signed by a duly authorized representative of each of the parties. 16. Severability Clause If any provision under this Agreement or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of this Agreement which can be given effect without the invalid provision or application. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative as of the date of the last signature below. FULTON COUNTY Printed Name: Emest E. Burchett CITY OF CANTON By: -~ Printed Name: Jerry Bohler Title: Fulton County ESDA Coordinator Date: y/~~r Title: Mayor Date: ~ ~Z,L ` `~ 6