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HomeMy WebLinkAbout08-243 Resolution No. 08-243 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH THE COUNTY OF KANE FOR SALT STORAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Maintenance Facility Agreement on behalf of the City of Elgin with the County of Kane for salt storage for the 2008-2011 winter season, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT This Agreement is hereby made and entered into this 9th day of September 2008, by and between the City of Elgin, a municipal corporation of the State of Illinois (hereinafter referred to as the "City") and the County of Kane, a body corporate and politic of the State of Illinois (hereinafter referred to as the "County"). The City and the County are hereinafter collectively referred to as the "Parties" and each individually as a"Party". WITNESSETH WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and the Intergovernmental Cooperation Act at 5 ILCS 220/1, et seq., authorize the County and the City to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and WHEREAS, the County and the City desire to develop a mutually satisfactory arrangement for the shared use of the gated, fenced storage yard at the City's Maintenance Storage Facility located at 1900 Holmes Road, Elgin, Illinois (hereinafter referred to as "Facility"). The location of the Facility is depicted on the location map which is attached hereto and made a part hereof as Exhibit"A"; and WHEREAS, this Agreement shall be of benefit to the citizens of the County and the City in that it shall facilitate the safe and efficient movement of traffic. NOW, THEREFORE, in consideration of the above preambles and the mutual promises and covenants as contained herein and for other good and valuable consideration, the sufficiency of which is agreed to by the Parties hereto, both the County and the City covenant, agree and bind themselves as follows: A.' The Parties hereto acknowledge and agree that the preambles set forth hereinabove arenncorporated into and a made a part of this Agreement. B. The City shall empty and clean and otherwise prepare a concrete bin at the gated, fenced storage yard of the Facility which bin shall have dimensions of 25' X 45' with 10' high concrete walls (hereinafter referred to as the "Bin"). The Bin shall be covered to protect the contents thereof from the elements. The City shall make the Bin available to the County no later than November 1, 2008. The Bin shall be available to the County for the exclusive use of the County from November 1, 2008 through April 1, 2009, November 1, 2009 through April 1, 2010, and November 1, 2010 through April 1, 2011 as long as this Agreement remains in effect. The Bin and its location shall allow the County to: receive salt deliveries to the Bin, push deliveries into the Bin and load County trucks adjacent to the Bin utilizing a"payloader" as hereinafter defined. C. The County shall use the Bin for the purpose of storing road deicing materials; primarily road salt. The County shall order and maintain at its cost, its own road salt supply for the Bin. D. The City shall provide thirteen Identification/Security Access Cards that will allow County employees unrestricted access to the gated, fenced storage yard at the Facility and to the Bin. The County shall distribute, control and track the aforementioned Security Access Cards to the satisfaction of the City whose level of satisfaction shall not be unreasonable. E. The County shall have staff on site at the Bin to receive the County's salt deliveries to the Bin in order to insure that said salt deliveries are promptly dumped and pushed into the Bin immediately after delivery thereof. F. The County shall deliver and maintain on site at the Facility, as needed by the County, a payloader (hereinafter the "payloader") for the purpose of pushing County salt deliveries into the Bin and loading County trucks with salt from the Bin. Within the gated, fenced storage yard of the Facility, the City shall provide a suitable parking area for the payloader with an electrical outlet capable of supporting an engine block heater for the payloader. Said parking area and electrical outlet shall be available to the County for the exclusive use of the County from November 1, 2008 through April 1, 2009, November 1, 2009 through April 1, 2010, and November 1, 2010 through April 1, 2011 as long as this Agreement remains in effect. G. The County shall have unrestricted access to the gated, fenced storage yard of the Facility for the aforesaid purposes from November 1, 2008 through April 1, 2009, November 1, 2009 through April 1, 2010, and November 1, 2010 through April 1, 2011 as long as this Agreement remains in effect. H. During the term of this Agreement, the County shall provide or cause to be provided at its sole cost and expense snow removal (hereinafter referred to as "PLOWING") and road deicing (hereinafter referred to as "SALTING") for the segment of Highland Avenue between Coombs Road and Damisch Road which segment of Highland Avenue is under the jurisdiction of the City. The County shall perform PLOWING and SALTING in a manner consistent with the County's normal snow and ice removal practices on highways under the County's jurisdiction. The County's responsibility for PLOWING and SALTING the above described segment of Highland Avenue shall terminate if Highland Avenue is at any time between November 1, 2008 through April 1, 2009, November 1, 2009 through April 1, 2010, and November 1, 2010 through April 1, 2011 in a condition such that, in the opinion of the Kane County Engineer, the road surface or the right-of-way of Highland Avenue as aforesaid presents any obstacle to PLOWING and SALTING. Such obstacles include, but are not necessarily limited to raised rims, manholes, curbs, barriers, or medians, particularly where any such appurtenance is in any manner not level and/or even with the roadway surface. I. The City shall indemnify, defend, and save harmless as herein provided, the COUNTY, its officers, agents, officials, servants, and employees from any and all liability, claims, manner of actions, cause, and causes of action, suits, sums of money, covenants, controversies, agreements, promises, damages, judgments, claims, and demands, whatsoever, in law or in equity, and particularly and without limiting the generality of the forgoing any and all personal injuries, property damage or death, including claims for indemnity or contribution, attorneys' fees, and litigation expenses all and in any case or manner arising out of, caused by, or in consequence of the negligence of the City's employees, officers, agents, or servants, or out of, caused by, or in consequence of and relating in any manner to this Agreement and the City's use of and jurisdiction over the Facility, including but not limited to its gated, fenced storage yard, the Bin and of Highland Avenue as described hereinabove. Nothing contained herein shall be construed as prohibiting the County from defending through the selection and use of their own agents, attorneys and experts, to defend any claims, actions or suits brought against them. J. The County shall indemnify, defend, and save harmless as herein provided, the City, its officers, agents, officials, servants, and employees from any and all liability, claims, manner of actions, cause, and causes of action, suits, sums of money, covenants, controversies, agreements, promises, damages, judgments, claims, and demands, whatsoever, in law or in equity, and particularly and without limiting the generality of the forgoing any and all personal injuries, property damage or death, including claims for indemnity or contribution, attorneys' fees, and litigation expenses all and in any case or manner arising out of, caused by, or in consequence of the negligence of the County's employees, officers, agents, or servants, or out of, caused by, or in consequence of and relating in any manner to this Agreement and the and the County's use of and jurisdiction over the Facility including but not limited to its gated, fenced storage yard, the Bin and of Highland Avenue as described hereinabove. Nothing contained herein shall be construed as prohibiting the City from defending through the selection and use of their own agents, attorneys and experts, to defend any claims, actions or suits brought against them. K. The term of this Agreement shall end on April 15, 2011. L. The failure of either Party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement, or condition contained herein shall not in any manner be construed as waiver of any right to enforce any term, covenant, agreement, or condition herein contained. M. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. N. This Agreement shall be subject to and governed by laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights shall be in the Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois. O. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. P. This agreement may be terminated between the dates of April 15, 2008 and September 15, 2008, April 15, 2009 and September 15, 2009, and April 15, 2010 and September 15, 2010 upon thirty (30) days written notice by either Party. IN WITNESS WHEREOF, the County and the City have caused this Agreement to be signed and attested by their officials, pursuant to lawful authorizations for its execution. COUNTY OF KANE CITY OF ELGIN BY: .t, ,�' .�),•. . -• B Chairman, Kane County B• d A Mayor A ST: ATTEST: BY: = .0— County Clerk City Clerk, Ci of Elgin (Seal) OF t,/` WV r ic1C" GI% c, St y"' r i tdie . 1 • October 2, 2008 VLF f TO: Mayor and Members of the City Council ■ FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Salt Storage Agreement with Kane County (2008 to 2011) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of an agreement with Kane County for the use of a portion of the City's Public Works facility to store salt during the next three winter seasons. RECOMMENDATION It is recommended that the City Council approve the attached agreement with Kane County for the use of a portion of the City's Public Works Facility to store salt during the winter seasons of 2008/09, 2009/10 and 2010/11. BACKGROUND For the last four winter seasons, the City has had an agreement with the Kane County Department of Transportation (KDOT) allowing them to store a supply of salt at the City's Public Works facility at 1900 Holmes Road. The supply of salt was purchased and re-supplied by County staff and used to reload their salt trucks that service the nine to ten routes in the northern part of the county. The arrangement has worked well. KDOT created no problems or extra work for City staff and cleaned up the storage bin well before the term expired in the spring of each year. KDOT is requesting that the City enter into a new agreement that covers the next three winter seasons. Attached is the proposed agreement, the term of which is from November 1, 2008, through April 15, 2011. As in the previous agreements, it commits Public Works to make available one of three covered storage bins at the east end of the facility from November 1St through April 15th each season, to provide the KDOT staff with a supply of proximity cards that would allow them to access the east yard area when needed and to provide an outdoor parking space that has an electrical outlet capable of supplying a block heater for their end loader. The County must provide a specified level of insurance, purchase and unload/store their own salt supply, keep an end loader on site and load their own trucks. New to this agreement is the requirement that Salt Storage Agreement with Kane County(2008-11) October 2, 2008 Page 2 KDOT salt and plow Highland Avenue from Coombs Road to Damisch Road in exchange for the ability to store salt at the City facility. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There is minimal City cost associated with this agreement for staff time to empty and clean the storage bin ($200) and for the electricity for the block heater on the loader (less than $50). All costs would be covered by the current operating budget. In consideration for the arrangement to store salt, KDOT will be salting and plowing a City street (Highland Avenue from Coombs Road to Damisch Road), saving the City the cost of providing that service which is estimated at $2,100 per season. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the agreement with Kane County as recommended 2. The City Council may choose not to approve the agreement with Kane County Respectfully submitted for Council consideration. JL Attachment