04-98 Resolution No. 04-98
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE WILDFLOWER PROGRAM
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 Agreement on behalf of the City of Elgin with the Illinois Department
of Transportation for the installation of wildflowers to enhance the roadway landscape entries into
Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 14, 2004
Adopted: April 14, 2004
Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
JULY, 2007
IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 04-98
PASSED: APRIL 14, 2004
SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF
TRANSPORTATION FOR THE WILDFLOWER PROGRAM.
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WIISDRJOOes® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
INTERGOVERNMENTAL AGREEMENT
This intergovernmental agreement is entered into this 13th day of February, 2004 by and
between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF
TRANSPORTATION hereinafter called the STATE, and the CITY OF ELGIN of the State of
Illinois,hereinafter called the CITY, in accordance with the authority granted in sections
4-406 and 4-409 of the Illinois Highway Code.
WITNESSETH:
WHEREAS, the STATE and the CITY are desirous of improving a site which will be
determined at a later date by both the CITY and the STATE,by planting wildflowers and other
plantings, and by performing all other work necessary to provide an attractive roadside entering
the community; and
WHEREAS, the CITY has agreed to partner with the STATE in this project, to provide
$5,000.00 in matching funds or services costing that amount of money; and
WHEREAS, the STATE will reimburse the CITY up to $35,000 toward the cost of the
work completed through the provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The CITY agrees to prepare plans and specifications, either receive bids and award a contract
or use its own forces, furnish inspection during construction, and cause the landscaping to be
installed in accordance with plans, specifications, and contract.
2. The STATE agrees to send a letter, prior to the CITY's commencement of work, approving
the plans and specifications as prepared.
3. The STATE agrees to reimburse the CITY for the construction costs up to a maximum of
$35,000, upon satisfactory completion of the work and receipt of an invoice.
4. The CITY agrees to provide to the STATE, a summary of the landscape quantities and costs
at the time the invoice is presented for payment.
5. Upon completion of the landscaping work, the CITY agrees to maintain or cause to be
maintained for two years, the landscaped areas. The STATE will reimburse the CITY for all
maintenance costs up to $5,000.00 annually for two years.
6. The CITY agrees that maintenance of the landscaped areas includes eradication of all aggressive
weed species and replacement of plant material as necessary, to the STATE's satisfaction.
Should the CITY fail to provide satisfactory care to the landscaped areas, the STATE shall serve
notice to the CITY of the deficiencies. The CITY shall, either correct the said deficiencies or
with the approval of the STATE and in accordance with the applicable portions of the STATE's
Standard Specifications for the Road and Bridge Construction remove the landscaping,replacing
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it with sod or other materials as directed by the STATE. Upon acceptance of the grassed areas by
the STATE,the STATE shall thenceforward maintain the grassed areas. Should the parties agree
that the continued maintenance of the landscaped areas is beyond their financial and/or other
means, the CITY may remove the landscaping, replacing it as specified above, with the STATE
similarly accepting the grassed area maintenance subject to the aforedescribed conditions.
7. The CITY shall maintain, for a minimum of 3 years after the completion of the Project,
adequate books,records, and supporting documents to verify the amounts, recipients, and
uses of all disbursements of funds passing in conjunction with this Agreement. All books,
records, and supporting documents related to the Project shall be available for review and
audit by the Auditor General and other STATE Auditors and the CITY agrees to cooperate
fully with an audit conducted by the Auditor General and other STATE Auditors and to
provide full access to all relevant materials. Failure to maintain the books, records, and
supporting documents required by this paragraph shall establish a presumption in favor of the
STATE for the recovery of any funds paid by the STATE under this Agreement for which
adequate books, records, and supporting documentation are not available to support their
purported disbursement.
8. The CITY agrees to comply with all applicable Executive Orders and laws requiring Equal
Employment Opportunity and non-discrimination in public works projects, and with all
regulations required by the Illinois Department of Transportation.
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9. The CITY agrees that in the event any work is performed by other than CITY forces, the
provisions of"an act regulating wages of laborers, mechanics and other workers employed in
public works by the State, County, or any public body or any political subdivision or by any
one under contract for public works"(Illinois Compiled Statutes, 820 ILCS 130/1) shall
apply.
10. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification
number is 36- ,p._ 2 and it's doing business as a GOVERNMENTAL ENTITY,
whose mailing address is �c�p 12EA-r-e_ ��T', L d.tJ J� i er Loo►Z0
11. Obligations of the STATE and CITY will cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly fails to
appropriate or otherwise make available funds for this contract.
12. This AGREEMENT and the covenants contained herein shall be null and void in the event
the construction work contemplated herein is not completed within the three years subsequent
to execution of the agreement.
13. This Agreement shall be binding upon and to the benefit of the parties hereto,their
successors and assigns.
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Attest: -
By:
Ed Schock
Mayor
City Clerk
Date: a j, o y
(SEAL)
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By:
Timothy W. Martin
Secretary of Transportation
Date:
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C, City of Elgin Agenda Item No.
1/6 rip Era
February 20, 2004 - ^
1
TO: Mayor and Members of the City CouncilREG REATtONAL LEISURE
ANO C.,/URAL OPPORYLINITIES
/( FOR ALL 01112 ENS
FROM: David M. Dorgan, City Manager 1/"
i
Monica Meyers, Director of Parks And Recreation
SUBJECT: Governor's Wildflower Initiative, Intergovernmental Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to approve an intergovernmental agreement with Illinois Department of
Transportation (IDOT) for the installation of wildflowers to enhance the State of Illinois
roadway landscape entries into Elgin.
r RECOMMENDATION
It is recommended that the City Council approve the intergovernmental agreement with the State
of Illinois for the installation of wildflowers at entries to the City.
BACKGROUND
Governor Blagojevich has, as part of his administration's goals, made a priority the beautification
of State roadways. Part of this priority is the installation of native wildflowers and grasses at
entryways into various communities. The sites are selected to present and create a welcoming
atmosphere for visitors into the community and promote a positive image for the State.
IDOT will provide the city with $35,000 for the initial installation of the landscape material. The
City will provide $5,000 in matching local funds or in kind services to qualify for the $35,000.
This will make $40,000 available for the landscaping work. In addition, the City will receive
$5,000 annually for two years to maintain and care for the plantings.
The wildflowers plantings will consist of 75% native prairie flowers and 25% prairie grasses.
Once established, the plant material will present a visually attractive landscape that is extremely
low maintenance. The plants will take up to five years to reach their full visual impact and
maturity.
Once the agreement is approved, City staff will work with IDOT to identify locations for the
plantings. Areas to be identified will coordinate with any future corridor improvements that the
P&R Governor's Wildflower Initiative, Intergovernmental Agreement
February 20, 2004
Page 2
City may be planning in the near future. The planting has to be completed by June of this year in
order for the seeds to survive through the summer months and mature enough prior to winter.
This planting schedule will not make it possible to complete any other concurrent corridor
improvements. Close coordination of the flower planting with respect to future corridor
improvements will attempt to resolve any potential conflicts.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Illinois Department of Transportation
(ylf___,
FINANCIAL IMPACT
There are sufficient funds budgeted and available in the 2004 budget, Riverboat Fund, account
number 275-0000-791.92-32, and project number 299502, Entry Corridor Beautification, in the
amount of$400,000 to enter into this intergovernmental agreement totaling $40,000. The Illinois
Department of Transportation will reimburse the City $35,000 upon completion of the project.
The reimbursement will be reallocated to the Entry Corridor Beautification Project.
\, LEGAL IMPACT
The proposed agreement must be submitted to the legal department for review.
ALTERNATIVES
1. It is recommended that the City Council approve the intergovernmental agreement with the
State of Illinois for the installation of wildflowers at entries to the City.
2. Reject the agreement with the Illinois Department of Transportation and not install the
wildflower plants.
Respectfully submitted for Council consideration.
JTB
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!?°/ MAL'-‘17 Ordinance No. S20-04
AN ORDINANCE
VACATING A PUBLIC UTILITY ACCESS EASEMENT
(2599 and 2525 Alft Lane)
WHEREAS,the public interest will be served by vacating a public utility access easement in
the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and
WHEREAS, said property is not necessary to serve the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That a public utility access easement in the City of Elgin,Kane County,Illinois,
legally described as follows:
That part of a 20.00 foot utility access easement to the City of Elgin over parts
of Lots 4 and 5 as platted in the Westfield Business Park,being a subdivision of part
of the Northeast Quarter of Section 31, Township 42 North, Range 8 East of the
Third Principal Meridian Document No. 1931202,and recorded September 9, 1988,
excepting there from the southerly 25.00 feet, being situated in the City of Elgin,
Kane County, Illinois and containing 6,040.01 sq. ft., more or less.
be and the same is hereby vacated.
Section 2. That a certified copy of this ordinance together with a plat of said vacated right
of way be filed with the Recorder of Deeds of Kane County, Illinois.
Section 3. That this ordinance shall be in full force and effect from and after its passage in
the manner provided by law.
Ed Schock, Mayor
Presented: June 23, 2004
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk