R2024-69 Resolution Authorizing an Intergovernmental Agreement between the City of Decatur and the Macon County Conservation District for Assistance with Controlled Burning

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i EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DECATUR AND THE MACON COUNTY CONSERVATION DISTRICT FOR ASSISTANCE WITH CONTROLLED BURNING THIS AGREEMENT made and entered into by and between the City of Decatur, an Illinois municipal corporation ("City"), and the Macon County Conservation District, an Illinois unit of local government("District"),on the '7141 day of r,-h ,2024. The parties mutually desire to j enter into this Agreement and further stipulate and agree as follows: WHEREAS, City and District are both public agencies as defined under the Intergovernmental Cooperation Act (5 ILLS 220/1 et. seq.), and are therefore authorized and empowered to enter into intergovernmental agreements whereby they may exercise, combine, transfer, and enjoy jointly any powers,privileges, functions, or authority; and WHEREAS, no ordinances or laws prohibit this Intergovernmental Agreement, or the transaction described herein; and WHEREAS, the City of Decatur uses controlled burning of City properties like, but not limited to, the Oakley Sediment Basin, to clear and control invasive plants, clear and reduce foliage,and generally improve the property; and WHEREAS, the City has benefited from the assistance provided by the Macon County Conservation District through periodic controlled burning of the City's various properties and ' desires that this assistance continue;and WHEREAS, the Macon County Conservation District agrees to provide assistance to the City with the periodic controlled burns of city owned or controlled properties; and WHEREAS, the Decatur City Council and Macon County Conservation District Board believe it to be beneficial for there to be an intergovernmental agreement for the District's continued assistance with these controlled burns of City properties; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which are hereby acknowledged,the City of Decatur and the Macon County Conservation District agree as follows: i 1. The Macon County Conservation District agrees to provide assistance in personnel, equipment, and material as is needed and available to assist the City of Decatur with periodic controlled burns of City owned or controlled properties. 2. The City of Decatur agrees to reimburse the District's material costs or supply any needed materials for the controlled burns. 3. Liability Limits: To the extent not prohibited by law, the City of Decatur shall indemnify and hold harmless the District and its trustees, directors, officers, employees, agents and volunteers from any and all claims, damages, costs, and expenses, including without limitation, reasonable attorney's fees caused by the City of Decatur or any of its agents, contractors, officials or employees arising from: (i) any act of I