08-243 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
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October 2, 2008 VLF
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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