HomeMy WebLinkAboutORDINANCE - 3484 - 2/28/2017 - Traffic Provision permits overweight vehicles ORDINANCE NO.3484
AN ORDINANCE AMENDING CHAPTER 3,GENERAL TRAFFIC PROVISIONS,OF TITLE 6
OF THE VILLAGE CODE BY PROVIDING FOR PERMITS FOR OVERWEIGHT OR OVER-
DIMENSION VEHICLES TRAVELING ON VILLAGE STREETS
WHEREAS,the Village currently issues permits for overweight and oversized vehicles to the
trucking companies requesting same; and
WHEREAS,the companies have had to apply for separate permits in each municipality along
their route which could, in some instances,be quite burdensome; and
WHEREAS,an independent company, Oxcart Permit Systems,LLC,has agreed to process
permits with the applicable municipalities for a fee to be paid by the trucking company and a permit fee,
as established herein,would also be paid to the Village; and
WHEREAS,the Mayor and Board of Trustees concur with the recommendation of the Police
Department to facilitate overweight and oversized permits by amending Chapter 3 accordingly;
NOW,THEREFORE,BE IT ORDAINED by the Mayor and Board of Trustees of the Village
of Elk Grove Village, Counties of Cook and DuPage as follows:
Section 1: That Chapter 3,General Traffic Provisions,of Title 6 of the Village Code be amended
by adding thereto a new section pertaining to permits for the movement of overweight or over-dimension
vehicles on Village streets,which section is set forth as EXHIBIT A, attached hereto.
Section 2: That the Mayor and the Village Clerk are hereby directed to execute an agreement
with Oxcart Permit Systems,LLC for the purpose of processing truck permits in the Village, a copy of
said Agreement being attached hereto as EXHIBIT B.
Section 3: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 28 day of February 2017.
APPROVED this 28th day of February 2017.
APPROVED:
Mayor Craig B.Johnson
Village of Elk Grove Village
ATTEST:
Loretta M.Murphy,Village Clerk
PUBLISHED this 1St day of March 2017 in pamphlet form.
EXHIBIT A
6-3-13: PERMITS REQUIRED
A permit shall be required for the movement of any vehicles or combination of vehicles which exceeds
the maximum size and weight limits described in 625 ILCS 5/15-102 (width), 15-103 (height), 15-107
(length)and 15-111 and (weight)of the Illinois Vehicle Code.
A. Exempt from permits are the following: Fire department vehicles,those vehicles operating
under an emergency declaration,Village owned vehicles engaged in emergency utility repair,
equipment used for snow and ice removal, owned or operated by any governmental body.
B. Any person, corporation, partnership, sole proprietorship or organization moving an oversize or
overweight load shall obtain an Elk Grove Village permit. The permit must be in writing or
electronic form and be carried in the vehicle to which it refers. The Village reserves the right to
reject the issuance of a permit for any vehicle movement which would cause damage to Village
streets.
C. Application for a permit to move an overweight and/or an over-dimension vehicle or
combination of vehicles,with a load which has been reasonably disassembled must be made to
the Elk Grove Village Police,or his designee,and the following information shall be included:
1. Name,address and phone number of the applicant and the applicant's business name,
address and phone number;
2. Whether the permit is requested for a single trip(5 days), round trip (10 days)or for
quarterly(90 days) continuous operation;
3. The vehicle registration number, and a description of the power unit and load;
4. The routing, including point of origin and destination; and
5. Whether the vehicle or loads are being transported for hire.
D. Permits for single and round trip movements shall be issued as follows:
1. Permits for single trip movements are issued for one-way movement. These permits are
valid for five (5) days from date of issuance. Permits for round trip movements are issued
for a vehicle or load to be moved in and out from a destination, and shall be valid for a
period of ten (10)days from the date of issuance.
2. Unless stated otherwise on a permit, single and round trip permit movements may be made
only from thirty(30) minutes before sunrise to thirty(30) minutes after sunset.
E. Permits for round trips limited continuous operation(LCO) permits shall be issued as follows:
1. LCO permits may be issued to a single power unit as quarterly(90 days).
2. Vehicles issued LCO permits are non-transferable between vehicles and may make unlimited
overweight and over-dimension moves on village streets within the limitations of the
permit.
3. Unless stated otherwise on the permit, LCO permit movements may be made only from
thirty(30) minutes before sunrise to thirty(30) minutes after sunset.
F. Liability and indemnification:
1. The permittee shall assume total liability for any and all damages to streets, bridges,village
owned appurtenances and private or public property while engaged in a permit move. The
measure of liability is the cost for all repairs or replacement of property damaged by the
permittee, plus all costs for Village personnel required as a result of or occasioned by the
incident causing the damage.
2. The permittee shall indemnify and hold harmless the Village or members of the police
department from any costs,judgements or settlements, including attorney's fees, arising
from physical injuries, including loss of life,or damage to or loss of property related to acts
or omissions by permittee, its officers, agents,or employees pursuant to the permit.
3. Upon application for a permit each applicant shall provide evidence of a valid
comprehensive general liability insurance policy,for protection against personal injury or
property damage in the amount of one million dollars($1,000,000.00) per occurrence. The
Village shall be listed as a certificate holder on the policy.
G. Fees for overweight and/or oversized vehicle permits shall be assessed the following amounts
plus the applicable fee charged by the permit processor.
Single Trip (5 day) Round Trip(10 day) Quarterly(90 day)
$50.00 $80.00 $200.00
H. This section applies only to permits for the movement of overweight and/or over-dimension
vehicles on streets owned by Elk Grove Village. Appropriate permits must be obtained from the
proper jurisdiction for movement of these vehicles on county or state highways which are
located within Elk Grove Village.
I. All vehicles with a permit shall not be deemed to be in violation of Section 6-3-12 of this Code,
provided, however,that all overweight and over-dimension movement violating the conditions
of the permit shall be subject to being fined in accordance with the schedule set forth in Chapter
15 of the Illinois Vehicle Code including all applicable surcharge and circuit court fees.
J. Escort vehicles are required as outlined in Chapter 15 of the Illinois Vehicle Code.
EXHIBIT B
Services Agreement
This Services Agreement(this"Agreement") is made this 14th day of February, 2017 by and between
Oxcart Permits Systems, LLC, an Illinois limited liability corporation of 440 W Colfax, Suite 2384, Palatine, IL
60078 ("Oxcart") and Elk Grove Village ("Village"), collectively known as the "Parties." The term "Customer"
shall refer to any third party requesting over-dimension and/or overweight vehicle permits from the Village.
1. Oxcart Services.
Services.Oxcart shall provide the Village with an internet application for the purposes of accepting
over-dimension and overweight vehicle permit applications and payment for such permits as set
forth herein which shall be referred to as the"Service."
L All Services provided by Oxcart shall be conducted and accomplished in a professional
and workmanlike manner.
ii. The Service will be made available per the attached Service Level Agreement(Exhibit
1).
iii. The Service will allow for the acceptance and processing of over-dimension and
overweight vehicle permit applications as authorized by the Village's Ordinance
Establishing Vehicle Size and Weight Limitations on the Village Highway System and
Resolution Establishing a Special Movement Permit Fee Schedule for Overweight and
Oversize Movements on the Village Highway System.
iv. The Service will be hosted using computer servers contracted by Oxcart.
v. Oxcart reserves the right to change computer servers and computer server hosting
providers at any time with notice during the term of this Agreement.
vi. Oxcart reserves the right to update code and/or security measures at any time
without notice during this agreement. Oxcart will maintain a Security Incident
Response plan which will be made available to the Village for review.
vii. The content of Village web pages within the Service shall be dedicated solely to the
Village.The content of such pages shall include but not be limited to
1. Application fields necessary to receive, pay for, and process a permit.
2. Maintain user information and icons representative of the Village.
viii. The online permit application will be based upon and processed according to the
requirements of the Village's Ordinance Establishing Vehicle Size and Weight
Limitations on the Village Highway System and Resolution Establishing a Special
Movement Permit Fee Schedule for Overweight and Oversize Movements on the
Village Highway System.Permit applications will not be enabled for public application
until such time as approved by the Village.
ix. The Service shall provide the Village and Customers with an unlimited number of free
user access accounts with which to apply and pay for the issuance of over-dimension
and overweight vehicle permits.
x. Upon receipt of a permit application, Oxcart shall within the time limit set forth in
Exhibit 1,provide the Village with all information necessary for the Village to review,
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approve or deny, or establish conditions under which the permit will be granted.
Upon approval of the permit application by the Village, Oxcart shall contact the
Applicant with information regarding payment and issuance of the permit.
xi. All payments shall be accepted utilizing an integrated credit card payment processor
to accept online payments for the Village. in addition to the Permit fee, for each
transaction, the credit card payment processor will assess the Customer with a fee
calculated on the sum of the total of the maximum Village Permit Fee and the Oxcart
Service Fee,plus an additional service fee for each transaction. Payment in full of the
Permit Fee,the credit card payment processor fee,the transaction fee and the Oxcart
Service Fee will be required in order for the Customer to access the approved permit.
1. Oxcart does not set the credit card payment processor fees or transaction
fees, which are subject to change at any time without notice. At the time of
this Agreement the payment processor fee is 2.9%of the calculated sum of
the total of the maximum Village Permit Fee and the Oxcart Service Fee,plus
a$.30 per transaction fee.Oxcart shall promptly notify the Village of changes
to these rates as soon as Oxcart becomes aware of the rate change.
2. Upon change of credit card payment processor fees,Oxcart shall update the
Village web Application to reflect the new rates and notify the Village of the
change.
3. Oxcart reserves the right to change credit card payment processors at any
time with notice to the Village.
xii. Permit fees shall be assessed in accordance with the provisions of the Village's
Ordinance Establishing Vehicle Size and Weight Limitations on the Village Highway
System and Resolution Establishing a Special Movement Permit Fee Schedule for
Overweight and Oversize Movements on the Village Highway System.
xiii. On or before the tenth business day of each month,Oxcart shall transfer to the Village
through ACH direct deposit or bill payment system through the United States Postal
Service all Permit Fees received for the preceding calendar month. All Permit Fees
required by Village ordinance shall be paid in full by Oxcart each month to the Village.
In addition, by the tenth business day of each month, Oxcart shall transmit by email
or United States Postal Service, a report providing the name, address, date of
payment,date of permit issuance and permit fee collected for each permit approved
and issued. Such report shall be sent as provided in Section 8.
xiv. Oxcart will not disseminate any phone numbers, email addresses or other personal
information of Customers other than what is displayed on a final permit approved by
the Village.
xv. Oxcart shall maintain permit data online for a minimum of ninety(90)calendar days
and allow the Village to download their permit data during this time.
xvi. Oxcart shall maintain complete and accurate books, records and accounts showing
the permits issued and its billings for the permit fees and the permit services provided
to the Village. Such books and records shall be made available for examination and
audit by the Village at any time during business hours upon request.
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xvii. Notwithstanding anything to the contrary in the foregoing,Oxcart is free to upgrade
and modify its network,application,and backup infrastructure pursuant to a Systems
Maintenance policy which will be available to the Village for review
xviii. Oxcart may choose to add standard features and upgrades to the application at no
additional charge to the Village or Customer. Oxcart reserves the right to add
proprietary premium features for Customers at an additional cost to the Customer.
xix. Oxcart is free to market the Service to other organizations, municipalities, and
customers without exception or exclusion except at the sole discretion of Oxcart.
2. Oxcart Representations and Warranties.Oxcart represents and warrants to Village that:
L It holds all necessary third party government rights,including without limitation all intellectual
property rights to any and all applications needed to provide the Service;
ii. It maintains commercially reasonable electronic security to protect Customer information
from third party intrusion;
iii. It has full power and authority to enter into and fulfill the terms of this Agreement and it has
not entered and will not enter into any agreements or activates that will or might interfere or
conflict with the terms hereof;
iv. In performing its obligations hereunder, it shall comply with all applicable laws, rules and
regulations of any federal or state regulatory body that has jurisdiction over its activities
hereunder.
3. Village Representations and Warranties.The Village represents and warrants to Oxcart that:
L It shall encourage all Customers to apply for oversize and overweight vehicle permits using
the internet Application Service provided by Oxcart. However,the Village is free to maintain
an internal system of issuing oversize and overweight permits as it deems necessary.
ii. It will immediately inform Oxcart of any technological difficulties with the Service;
iii. It will take all reasonable steps to approve permits for the Customer within twenty-four(24)
hours, on normal business days, of receipt of the permit application from Oxcart except in
cases of permits for extremely large or heavy vehicles which require route studies,surveys or
special engineering;
iv. It shall provide Oxcart with all pertinent information and ordinances necessary to adequately
set-up and maintain the Service as requested by Oxcart. It shall be the duty of the Village to
update Oxcart with any changes or modifications to the permit requirements of permit
structure. Any errors or omissions of information which may result in a vehicle violating the
conditions of the permit or federal,state or local laws are the responsibility of the Village;
V. It shall provide Oxcart with the names, email addresses and phone numbers of any Village
personnel who will be administratively accessing the application on behalf of the Village;
vi. It has full power and authority to enter into and fulfill the terms of this Agreement and it has
not entered and will not enter into any agreements or activities that will or might interfere or
conflict with the terms hereof.
4. Payment and Fees for Service.
i. As full and complete compensation for the Service to be provided hereunder, Oxcart shall
asses a Service Fee to the Customer,in addition to the credit card payment processing fees,
as provided in Section 1(i)(xi).
ii. Such Service Fee shall be assessed based upon the cost of the permit applied for and as
provided in the following Schedule:
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Max Permit Fee Oxcart Fee
$50.00 $5.00 flat fee
$100.00 10%
$200.00 $12.50 flat fee
>$200.00 $15.00 flat fee
iii. All payments are final and Oxcart will not refund the Customer any monies collected through
the credit card payment processor unless the payment was made in error or without
authorization, the permit was issued in error or an error occurred which was directly
attributable to Oxcart or the credit card payment processor, or the Village requests a refund
be processed through the credit card processor for an approved permit to which the credit
card processor fee assessed to Oxcart will be deducted from the monthly payment to the
Village. Oxcart may elect to refund monies via check or ACH at its sole discretion, and the
Village reserves the right to internally issue permit fee refunds to Customers through their
finance department. Oxcart shall provide the Village with notice of any payment that is in
dispute.
iv. Once the transaction has been completed and all fees received from the credit card payment
processor,Oxcart will not store or retain any Customer financial or credit information.
5. Indemnification,Warranties and Remedies.
L Indemnification by Oxcart. Subject to the limitations described in this Section 5 and
elsewhere in this Agreement,Oxcart shall indemnify the Village,its directors,officers,agents,
and employees and shall hold it and them harmless from and against any actions, suits,
damages,judgments, costs, charges, expenses, attorney fees incurred, made or suffered by
any third party resulting from any breach by Oxcart of this Agreement or any negligence or
intentional acts of Oxcart or its employees, including,without limitation,to claims related to
breach of security or identity theft and claims of infringement of trademarks or copyrights,
licenses or any other claims relating to intellectual property subject to the Agreement.
ii. Indemnification by Village. Subject to the limitations described in this Section 5 and
elsewhere in this Agreement, the Village shall indemnify Oxcart, its directors, officers,
employees and agents and shall hold it and them harmless from and against any actions,suits,
damages,judgments, costs, charges, expenses,attorney fees incurred, made or suffered by
any third party resulting from any breach by the Village of this Agreement or any negligence
or intentional acts of the Village or its employees.
iii. Indemnification Procedure. Promptly after receipt by a party of notice of any claim (other
than insurance claims arising in the ordinary course of business)or the commencement of any
action arising from an occurrence for which a party (the "indemnitor") has agreed to
indemnify the other party(the"indemnitee"),the party receiving such notice shall promptly
notify the other in writing. The indemnitor may assume the defense thereof with counsel
reasonably satisfactory to the indemnitee and the indemnitee shall cooperate in the defense
and prosecution thereof and shall further provide such records, information and testimony
and attend all such conferences,discovery, pre-hearings, hearings,trials and appears as may
be necessary, all reasonable costs and expenses thereof to be paid for the account of the
indemnitee and to be payable to the indemnitee upon demand.The indemnitor shall have the
right, in its sole discretion,to settle any monetary claim to which this paragraph applies.
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iv. Internet Delays. The Service may be subject to limitations, delays and other problems
inherent in the use of the internet and electronic communications. Neither Party is
responsible for any delays,delivery failures other damages resulting from such problems.
6. Confidentiality. Oxcart and the Village shall hold in confidence and not disclose (except on a
confidential basis to its employees who need to know and who are bound in writing to preserve the
confidentiality thereof) all Proprietary Information received from the other party, and shall not use
any such Proprietary Information except for the purposes contemplated by this Agreement. Either
party shall promptly report to the other any unauthorized disclosure of use of any Proprietary
Information of the other party of which it becomes aware and shall take such further steps as may
reasonably be requested by the other party to prevent unauthorized use thereof.
As used in this Agreement, "Proprietary Information" shall mean with respect to the Village all
confidential and proprietary information, including but without limitation,all customer, contact,
payment, data, and files covered by this Agreement. In addition Proprietary Information shall
include all data and other information or material,owned, possessed or used by either Oxcart or
the Village which is at any time so designated by such party in writing,whether by letter or by the
use of a proprietary stamp or legend, prior to the time any such Proprietary Information is
disclosed to the other party. In addition, information which is orally disclosed to the other party
shall constitute Proprietary Information if identified as such at such time and if within 10 days
after such disclosure the disclosing party delivers to the receiving party a written document
describing such Proprietary Information and referencing the place and date of such oral disclosure
and the name of the employees of the party to whom such disclosure was made. "Proprietary
Information" does not include information already known to the public.
Notwithstanding the foregoing, this confidentiality obligation shall not apply to information if
Oxcart receives a validly issued administrative orjudicial order,warrant or other process requiring
disclosure of Proprietary Information or if Oxcart or the Village is otherwise required to disclose
Proprietary Information in order to comply with any law.
The parties acknowledge that the breach or threatened breach of this Section 6 would cause
irreparable harm to the non-breaching party, the extent of which would be difficult to ascertain.
Accordingly, each party agrees that, in addition to any other remedies to which a party may be
legally entitled, a party may seek immediate injunctive relief in the event of a breach or
threatened breach of such paragraph by the other party or any of the other party's employees.
7. Termination.
i. This Agreement shall continue for forty-eight(48)months after its effective date and may
be terminated without penalty by either party for any reason upon sixty(60)days notice
to the other party.
ii. Upon the date of termination, any unapproved permit application which has been
submitted to the Village through Oxcart will be forwarded to the Village. Oxcart will
download and transmit all previous permit data belonging to the Village.
8. Notices..
L Any notices or demands which may be or are required to be given by either party shall be
in writing and all notices required to be given or made hereunder shall be given or made
either: (i)email at the following email addresses; (ii)by hand deliver; (iii) by United States
certified mail, postage prepaid; or (iv) if sent by nationally recognized overnight carrier,
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addressed to Oxcart or the Village, respectively, at the following addresses, or at such
other place as Oxcart or the Village may from time to time designate in writing:
i. George Knickerbocker, Village Attorney, Elk Grove Village, 901 Wellington Ave.,
Elk Grove Village, IL 60007.
ii. Bryce Baker,COO/Member, Oxcart Permit Systems;440 W. Colfax,Suite 2384,
Palatine, IL 60078. bbaker@oxcartpermits.com,or
David Wordhouse,
CISO/Member,Oxcart Permit Systems;440 W.Colfax,Suite
2384, Palatine, IL 60078. dwordhouse a�oxcartperm ts.com
9. Disclosure.
i. Oxcart and the Village may notify existing and prospective customers that the Village
online permit application system is provided by Oxcart.
10. Future Modifications. Based on the anticipated ongoing development of the relationship of the
parties it is anticipated that it may be necessary to amend this Agreement to conform to
developments. Each of the parties agree to cooperate with the other in every reasonable way in
negotiating a mutually agreeable amendment of this Agreement should an amendment be necessary
or advisable.
11. Nonassignment. Neither party may assign its interest in this Agreement without the prior written
consent of the other party.
12. Independent Contractors. Oxcart and the Village are independent contractors and neither shall act
as the other's agent or be deemed to be an agent,employee or joint venture partner of the other,nor
shall this Agreement be interpreted as creating a partnership or joint venture.
13. Survival. Notwithstanding anything in this Agreement to the contrary, the representations and
indemnification obligations of the parties,the disclaimer of warranties,the limitation of liabilities,the
independent contractor status and the governing law and venue provisions and this survival section
shall survive any termination of this Agreement and remain binding upon the parties.
14. Governing Law. This Agreement is to be governed by and construed under the laws of the State of
Illinois, excluding conflicts of law provisions. The Circuit Court of Cook County, Illinois shall have
exclusive jurisdiction of any disputes arising out of this Agreement.
15. No Waiver. No delay in acting with regard to any breach of any provision of this Agreement shall be
construed as a waiver of such breach.
16. Entire Agreement.Once signed by both Oxcart and the Village,the Agreement controls over any other
prior agreement,written or verbal.
17. Freedom of Information Act. Oxcart understands and agrees that the Village, as a public body, is
subject to and obligated to comply with the Freedom of Information Act,5 ILCS 104/1 et seq., (FOIA)
and certain information with respect to the Service provided hereunder may be subject to disclosure
in whole or in part under FOIA.Oxcart acknowledges the requirements of FOIA and agrees to comply
with all requests made by the Village for public records(as that term is defined by Section 2(c)of FOIA)
in the undersign's possession and provide the requested public records to the Village within two (2)
business days of the request being made by the Village.Oxcart agrees to indemnify and hold harmless
the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorneys'
fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising
out of or related to its failure to provide the public records to the Village under this Contract.
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18. Miscellaneous. This Agreement contains the entire agreement between the parties; cannot be
modified except in writing and signed by the parties; shall be binding on the parties and their legal
representatives,successors,and assigns. If any provision of this Agreement is held to be invalid,then
the remaining provisions shall remain in full force and effect. This Agreement may be executed in
counterparts in the same form and such parts so executed shall together form one original document
and be read and construed as if one copy of the Agreement had been executed.
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IN WITNESS WHEREOF,the parties have duty executed this Agreement.
OXCART PERMIT SYSTEMS,LLC. ELK GROVE VILLAGE
BY: BRYCE BAKER BY:
<Zzz
TITLE: COO/MEMBER TITLE: G y U
DATE: FEBRUARY 14TH, 2017 DATE: ' . V,
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EXHIBIT 1
Service Level Agreement
Oxcart will use commercially reasonable efforts to make the Service available 24 hours a day,7 days a week.
Down time is defined as the period of time over which the Village and/or Customers is unable to access the
Service due to a failure of Oxcart's application.
Scheduled maintenance will be performed from time to time as determined by written and available Oxcart
policy which may result in the Application being inaccessible to the Village and/or Customers. Such scheduled
maintenance activates are not considered down time. Care will be taken to minimize impact to the Service
during normal business hours,considered as Monday through Friday 7:00 AM to 6:00 PM Central Standard
Time.
Notification of new permit applications will be sent to the Village by email within four(4) hours of submission
by the Customer within the Application. Notification of permit approvals by the Village will be sent to the
Customer by email within four(4) hours.
The following items or situations are exempt from the availability service level commitment:
• Down time resulting from issues with the Village's and/or Customer's networks, hardware,or
software.
• All internet connectivity and infrastructure issues/failures not attributable to Oxcart's facilities or
equipment.
• Service or availability issues related to malicious behavior by the Village or any of its employees,
agents or Customers.
• Attacks by third parties(hacks,viruses,etc.)provided that Oxcart has made all reasonable efforts to
defend against such attacks.
• Events of force majeure,including acts of war,earthquake,flood,acts of God,etc.
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