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Home My WebLink About07-76 f Resolution No. 07-76 RESOLUTION AUTHORIZING EXECUTION OF A PASSENGER SHEL I ER AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRA i SPORTATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF TH I CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, be and is hereby authorized and direct-d to execute a Passenger Shelter Agreement on behalf of the City of Elgin with the Subur•an Bus Division of the Regional Transportation Authority for installation of bus shelters,a copy•f which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Sc ock, Mayor Presented: March 21, 2007 Adopted: March 21, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PASSENGER SHELTER A b REEMENT THIS AGREEMENT made MACJ 02 , ►001, between the SUBURBAN BUS DIVISION of the REGIONAL TRANSPORTATION AUTHORITY, an Illinois municipal corporation (hereinafter called "PACE") and CITY OF I GIN, a body corporate and politic and a political subdivision (hereinafter called the "CITY"). WITNESSETH WHEREAS, PACE has purchased or will purch.se certain passenger shelters as detailed in attached drawings and specifications for installation along certain bus routes within the CITY; and WHEREAS, PACE and the CITY have ascertai ed it to be in the best public interest to install bus shelters at certain locations along such bus ro tes. NOW, THEREFORE, in consideration of the m tual promises hereinafter set forth, it is agreed as follows: 1) PACE, at its sole expense, shall procure bus shel ers (hereinafter "shelters"), which in its discretion are considered acceptable and shall inspe•t such shelters on delivery, retaining exclusive capacity to accept same for installation and u.e within the CITY. PACE shall retain title to the shelters at all times and the CITY agrees to di) nothing to affect such title in any way. CITY and PACE agree that the shelters shall compl with all applicable provisions of the Americans with Disabilities Act and implementing regul tions thereunder. 2) PACE shall, after CITY'S approval of each •helter and its location, determine the location wherein each shelter shall be placed within the ITY with regard to optimum passenger usage and bus route access. The CITY reserves the 'ght to reject any bus shelter location submitted by PACE for approval. The CITY'S approva shall constitute a license and permit to PACE to erect the shelters at the designated locations, w ich license and permit shall continue in perpetuity until such time as either Party terminates this Agreement pursuant to the terms hereunder. 1 3) PACE shall develop all specifications relating to t e erection of the shelters and shall provide all graphic and identification media for application ereto. Graphics shall be affixed to the shelters according to attached drawings and specifications. There shall be no commercial advertising placed on the shelters at any time. No marks hall be affixed to the shelters other than that which is done at the specific direction of PACE. 4) PACE shall bear the entire cost of installing the she ters. PACE shall install shelters in accordance with specifications provided by PACE. 5) PACE shall conduct inspections of the shelters and ,s requested by the CITY, and shall make all necessary repairs within fourteen (14) days of no ice of any maintenance deficiency. PACE shall provide cleaning service for the shelters three ti es per year. 6) The CITY and PACE agree to indemnify and hold h. ess each other's municipal entity, its directors, officers, employees and agents from and against any and all liabilities, losses, damages, costs, payments and expenses of every ki d (including attorney's fees and disbursements) as a result of claims, demands, actions, suits, proceedings, judgments or settlements arising out of or in any way relating to its own negligence. The CITY and PACE agree to notify the other entity in writing within fourteen ,14) days of any claim, of which it becomes aware, which may fall within this indemnity provision. The CITY and PACE agree to defend each other and its directors, officers, employees a d agents against any claims, suits, actions or proceedings filed against any of them with re.pect to the subject matter of this indemnity provision whether such claims, suits, actions or proceedings are rightfully or wrongfully made or filed. The obligations contained in this iaragraph six (6)herein shall survive the termination and/or expiration of this agreement. 7) PACE reserves the right to remove the shelters at its sole expense at any time upon fourteen (14) days written notice to the CITY. Should 'ACE desire to exercise its right to remove the shelters, PACE must restore the area affected bi said removal to the condition that existed prior to the placement of the shelter. 2 • i 8) The CITY reserves the right to terminate this license agreement at any time and for any reason upon fourteen (14) days written notice to PACE. Upon termination by the CITY, PACE shall remove the shelter as soon as practicable. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date above written by their duly authorized officials. PACE City of Elgin 550 W.Algonquin Road 150 Dexter Court Arlington Heights,IL 60005 Elgin,Illinois 60120-5555 By: l By: Title: Executive Director Title:_ iayorhock- Date: Date: March 21, 2007 Attest:/(QM6-' ✓t/'6 Attest: Dolonna Mecum, Ci y Clerk 3 OF 6•4 City of Elgin Agenda Item No. r 11 b4 an) ir March 9, 2007 1:1 t TO: Mayor and Members of the City Council •.' nian,atly' FROM: Olufemi Folarin, City Manager Janice Ward, Senior Planner SUBJECT: Passenger Shelter Agreement between the City of Elgin and Pace PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve a Passenger Shelter Agreement between the City of Elgin and Pace, the Suburban Bus Division of the Regional Transportation Authority. r RECOMMENDATION It is recommended that the City Council approve the Passenger Shelter Agreement between the City of Elgin and Pace,the Suburban Bus Division of the Regional Transportation Authority. BACKGROUND The City of Elgin entered into a Passenger Shelter Agreement with the Regional Transportation Authority (RTA) in 1978. This agreement outlined the responsibilities of the RTA and the City of Elgin in respect to the procurement, installation and maintenance of passenger shelters as well as the conditions under which the shelters could be installed. The agreement constituted a license/permanent easement allowing the RTA access to the City's right-of-way for purposes of shelter installation and inspection. In 1984, Pace, the Suburban Bus Division of the RTA, was established. The City of Elgin and Pace continued to operate under the 1978 Passenger Shelter Agreement. Over the past several years, requests from business and property owners for passenger shelters have increased. Standardizing the design and strategically locating passenger shelters along Pace routes is becoming essential. Therefore, an updated Passenger Shelter Agreement has been created. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None • Passenger Shelter Agreement March 9, 2007 Page 2 FINANCIAL IMPACT The shelters are provided at no cost to the City. LEGAL IMPACT VIV-Ihone. ALTERNATIVES 1. The City Council may choose to approve the Passenger 'helter Agreement. 2. The City Council may choose to amend the proposed Pa•senger Shelter Agreement. Respectfully submitted for Council consideration. JAW row Attachment MARCH 21, 2007 VOLUME LXXII RESOLUTION 07-76 ADOPTED AUTHORIZING EXECUTION OF A PASSENGER SHELTER AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 07-76 RESOLUTION AUTHORIZING EXECUTION OF A PASSENGER SHELTER AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Passenger Shelter Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for installation of bus shelters, a ccpy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 21, 2007 Adopted: March 21, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-77 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BONESTROO, INC. FOR ENGINEERING SERVICES AT THE HIGHLANDS GOLF COURSE-PHASE 2 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. 211