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04-289 Resolution No. 04-289 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 Dolonna Mecum, 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 2004-2005 winter season, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: November 3, 2004 Adopted: November 3, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT This Agreement is hereby made and entered into this Y day of,4 yyisgE,e, 2004, 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"). WITNESSETH WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and 5 ILCS 220/1 et seq. authorizes 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 City's Maintenance Storage Facility located at 1900 Holmes Road, Elgin, Illinois (hereinafter referred to as "Facility") and shown on the location map attached hereto and made a part of 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 City shall empty and clean one covered concrete bin(hereinafter referred to as "Bin") (25' X 45' with 10' high concrete walls)by November 1, 2004 in which the County may store salt. The'Bin or an equivalent shall be available for the exclusive use of the County from November 1, 2004 until April 15, 2005. B. The County shall order and maintain its own salt supply. In addition, the County shall be required to have staff on site at Bin when salt deliveries are made and insure that such salt deliveries are promptly pushed into the Bin. C. The City shall provide 8-13 Identification/Security Access Cards that will allow County employees access to the gated, fenced storage yard at Facility. The County shall distribute, control and track the aforementioned Security Access Cards as directed by the City. D. The County shall maintain site at Facility, as needed, an end-loader for the purpose of loading their trucks. The City shall provide a parking area with an electrical outlet capable of supporting a block heater. E. The County shall provide the City with a certificate of insurance and shall conform to the insurance requirements attached hereto and made a part hereof as Exhibit `B". F. This agreement shall terminate on June 30, 2005. G. 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. H. 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. I. This agreement shall be subject to and governed by 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 Kane County, Illinois. J. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. IN WITNESS WHEREOF, the County has caused this Contract to be signed and attested by the requisite County officials, and the City has caused this Contract to be signed and attested pursuant to a lawful authorization for its execution. • COUNTY OF KANE CITY OF ELGIN By By: C airman, Kan Cou ty Board Mayor ATTEST: ATTEST: By: i /L/_ County Clerk City Clerk, Ci y of Elgin � 0 � JAN 16.1 /„ yI ,, ..... ..., ....../".---- -- -""----\ �^'�' , ' _ ------ ' \/ \ \ - • so-, \ ..... ....----"" 1 • . • \ , . i \ r • rr \ \ , . .01015'61°4 \ . It0 N . ,'F\- — ,- e. , ------ -- 1 . • • ,0 OF 1.°, Agenda Item No. ` \'1 City of Elgin '•' E �4TEDFF� r ial di no Gf October 8, 2004 ,.. too n< 01 N 0111 04 TO: Mayor and Members of the City Council ... FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, FROM: David M. Dorgan, City Manager Jk.t, AND QUALITYINFRASTRUC TORE John M. Loete, Public Works Director SUBJECT: Salt Storage Agreement with Kane County 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 2004-05 winter season. RECOMMENDATION pook 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 2004-05 winter season. BACKGROUND In August, the Public Works Director was approached by the Assistant Director of the Kane County Department of Transportation (KDOT) reference a possible agreement to store a limited supply of salt at the City's Public Works Facility at 1900 Holmes Road. The supply of salt would be 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. Having a supply source in this area of the county would save them a significant amount of time compared to all of the trucks going to their main facility in the St. Charles area. A previous arrangement with Rutland Township Road Department had just expired and the parties could not come to terms on an extension. Attached is a proposed agreement for the storage of salt at the City's facility terms of which staff feels can be met without adversely affecting our operations. It commits the City to make available one of three covered storage bins from November 151 through April 15th , 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 eft. insurance, purchase and unload/store their own salt supply, keep an end loader on site and load ,4 Salt Storage Agreement With Kane County 10/8/04 Page 2 their own trucks. The terms of the agreement are acceptable to both parties and the agreement is recommended for consideration. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 9/1/j, FINANCIAL IMPACT There is minimal City cost (emptying and cleaning salt bin, electricity, proximity cards) associated with this agreement. EGAL IMPACT 1 V\)\\( None. ALTERNATIVES 1. Approved the attached agreement as recommended. 2. Do not approve the attached agreement and have Kane County find an alternate location for the storage of salt. Respectfully submitted for Council consideration. (jml) Attachment F