07-76 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