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08-288 Resolution No. 08-288 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT WITH HANOVER TOWNSHIP ROAD DISTRICT FOR USE OF SALT STORAGE FACILITY 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 Agreement with Hanover Township Road District on behalf of the City of Elgin in connection with the use of the City's salt storage facility at 526 Shales Parkway, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 3, 2008 Adopted: December 3, 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 3-day of 2008, by and between the City of Elgin, a municipal corporation of the State of Illinois (hereinafter referred to as the "City") and Hanover Township Road District, a body corporate and politic of the State of Illinois (hereinafter referred to as the "Road District"). The City and the Road District 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 Road District and the City to cooperate in the performance of their respective duties and responsibilities by contract and other agreements; and WHEREAS, the Road District and the City desire to develop a mutually satisfactory arrangement for the shared use of the gated, fenced storage yard at the City's Salt Storage Facility located at 526 Shales Parkway, 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 Road District 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 Road District and the City covenant, agree and bind themselves as follows: A. The City shall make available a facility, at no cost, to store up to 500 tons of salt purchased by the Road District for use by their employees on township roads and streets. The Road District shall track the amount of salt used in a manner agreeable to both parties. B. The Road District shall order and maintain at its cost, its road salt supply at the Facility. When the Road District supply get below 200 tons, more salt shall be ordered and placed in the Facility to maintain an adequate supply at all times. C. The City shall provide three to five Identification/Security Access Cards that will allow Road District employees to use the payloader on site at the Facility to load salt into Road District trucks. D. The Road District shall provide or cause to be provided at its sole expense snow removal operations (hereinafter referred to as Plowing) and road deicing (hereinafter referred to as Salting) for Spaulding Drive from Gifford Road to the Elgin city limit line and for Gasket Drive from Gifford Road to the dead end which are under the jurisdiction of the City. The Road District shall perform such Plowing and Salting in a similar manner to highways under the Road District's jurisdiction in accordance with the Road District's normal snow and ice removal practices. E. The Road District shall have unrestricted access to the gated, fenced storage yard of the Facility for the aforesaid purposes from November 1St through April 1st of each year as long as this Agreement remains in effect. F. The City shall indemnify and save harmless as herein provided, the ROAD DISTRICT, 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 but specifically excluding attorneys' fees, and litigation expenses all and in any case or manner arising out of, caused by, or in consequence of the negligent actions of the City's employees or officers pursuant to this Agreement except to the extent attributable to the negligence of said indemnified Parties or Party. G. The Road District shall indemnify 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 but specifically excluding attorneys' fees, and litigation expenses all and in any case or manner arising out of, caused by, or in consequence of the negligent actions of the Road District's employees or officers pursuant to this Agreement except to the extent attributable to the negligence of said indemnified Parties or Party. H. The term of this Agreement shall end on April 15, 2011. I. 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. J. 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. K. 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. L. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. M. This agreement may be terminated by either party upon thirty (30) days written notice without penalty. N. (1) Notwithstanding any provisions herein to the contrary, this agreement is entered into solely for the benefit of the contracting Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person and entity who is not a party to this Agreement or to acknowledge, establish or impose any legal duty to any third party. Nothing herein shall be construed as an express and/or implied waiver of any common law and/or statutory immunities and/or privileges of the Hanover Township Road District, the City of Elgin, and/or any of their respective officials, officers, employees, volunteers 4A/or agents. qwd O. (2) Notwithstanding any provision herein to the contrary, the insurance company, self insurance pool, risk provider, self-insured party, or similar entity of the Party providing any indemnification hereunder shall be allowed to raise, on behalf of the Party, ay and all defenses statutory and/or common law to such claim or action which the other Party might have raised, including but limited to any defense contained within the Illinois Governmental and Governmental Employee Tort Immunity Act, 745 ILCS 10/1-101 et. seq. hd7` IN WITNESS WHEREOF, the Road District and the City have caused this Agreement to be signed and attested by their officials, pursuant to lawful authorizations for its execution. HANOVER TOWNSHIP ROAD DISTRICT CITY OF ELGIN By: "P Ce �....1 © c_ By. Highway Commissioner Mayor ATTEST: ATTEST: By: By: Road District Clerk City Clerk, City of in (Seal) ARCS nt/4 41"• �^t . , rer November 13, 2008 AtTO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Agreement with Hanover Township Road District to Store Salt at the Shales Parkway Salt Dome PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of a three year agreement with the Hanover Township Road District that allows them to store salt that they purchase at the City's Shales Parkway salt dome in exchange for plowing designated City streets. RECOMMENDATION It is recommended that the City Council approve the three year agreement with Hanover Township Road District to store salt at the Shales Parkway salt dome. BACKGROUND When discussing cooperative plowing arrangements with the various townships, the Hanover Township Highway Commissioner approached us about the possibility of storing salt at our Shales Parkway salt dome. They had similar arrangements with the Village of Streamwood in the past but felt that our facility on Shales is much more convenient to the areas in which they have subdivision streets to plow and in which they store their equipment. After several meetings, a consensus was reached and an agreement drafted based on the one recently approved with Kane County. Attached is the proposed agreement, the term of which is from December 1, 2008 through April 15, 2011. It commits Public Works to make space available in the Shales Parkway salt dome from November 1St through April 15th each season (except this first season). The Road District must provide a specified level of insurance, purchase and unload their own salt supply into the dome and load their own trucks. The agreement also requires them to salt and plow Spaulding Drive from Gifford Road to the east city limits and Gasket Drive from Gifford Road to the dead end in exchange for the ability to store salt at the City facility. Agreement with Hanover Township Road District to Store Salt November 13, 2008 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT Staffing costs associated with the agreement to track the Districts use of salt and equipment would be less than $500 per season and covered within the current operating budget. In consideration for the arrangement to store salt, the Road District will be salting and plowing two City streets (Spaulding Drive and Gasket Drive) that are at the extreme southern limits of the City. The savings to the City is the cost of our crews providing that service which is estimated at $1,300 per season. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to accept the agreement with the Hanover Township Road District as recommended. 2. The City Council may choose not to accept the agreement with the Hanover Township Road District. Respectfully submitted for Council consideration. JL Attachment OFEtC \/z Memorandum City of Elgin Date: December 10, 2008 To: John Loete, Public Works Director From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 08-288, Regarding an intergovernmental maintenance facility agreement with Hanover Township Road District for use of salt storage facility Enclosed please find the above referenced agreement. Please distribute to the appropriate parties and if needed, retain a copy for your records. Also, in processing the agreement, it was discovered that the agreement was not fully executed by Hanover Township -they neglected to have the Road District Clerk attest the Highway Commissioner's signature. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.