HomeMy WebLinkAboutRes 08-77 04/05/1977
,-
RESOLUTION NO. 8-77
A RESOLUTION ACCEPTING THE OBLIGATION OF GENERAL
MAINTENANCE AND REPAIR OF THE METROPOLITAN SANITARY
DISTRICT OF GREATER CHICAGO SANITARY SEWERS WITHIN
THE VILLAGE OF MOUNT PROSPECT FOR FISCAL 1977-78
WHEREAS, the representatives of the Village of Mount Prospect and the Metropo-
litan Sanitary District of Greater Chicago have conducted several meetings with
respect to the general maintenance and repair of the Metropolitan Sanitary Dis-
trict sanitary sewers within the corporate limits of the Village of Mount Prospect;
and
WHEREAS, titles to said sewers are in the name of the Metropolitan Sanitary Dis-
trict of Greater Chicago as collateral for an existing bond issue; and
WHEREAS, all parties concerned are cognizant of the much needed continual genera~
maintenance and repair of said sewer system; and I
I
WHEREAS, certain funds are available for the general maintenance and repair of
same, which funds are currently held by the Metropolitan Sanitary District of
Greater Chicago; and
WHEREAS, it is the consensus of those parties who undertook the study of the feasi
bility of the Village of Mount Prospect Public Works Department's maintaining of sai
sewers that this Department could adequately do the general maintenance and repai
of said sewer system; and
WHEREAS, the Metropolitan Sanitary District of Greater Chicago, through its Board
of Trustees, has approved a Maintenance Agreement for fiscal 1977-78 , allowing th
Village of Mount Prospect certain funds to reimburse said Village for the general
maintenance and repair of the Metropolitan Sanitary District sanitary sewers within
the Village of Mount Prospect, which Maintenance Agreement is attached hereto and
hereby made a part hereof as Exhibit I;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: I
SECTION ONE: That the Village of Mount Prospect does hereby accept the obligatio_
for general maintenance and repairs of the Metropolitan Sanitary District sanitary
sewers within the corporate limits of the Village of Mount Prospect on a fiscal year
basis commencing May 1, 1977, for a one year period to be extended yearly upon
the mutual consent of the Village of Mount Prospect and the Metropolitan Sanitary
District of Greater Chicago.
SECTION TWO: That the Village of Mount Prospect accept the proposed budget
established by the Metropolitan Sanitary District of Greater Chicago for the gen-
era! maintenance and repair of the Metropolitan Sanitary District sanitary sewers
within the Village of l\iIount Prospect established at $64,900.00 for fiscal year com-
mencing May 1, 1977, with the understanding that future years' budgets will be
determined and negotiated based on experience.
IL
II
I
I .,
I
. .
i
II SECTION THREE: That the Village of Mount Prospect agrees that if said Mainte-
II nance Agreement is terminated after one year or prior to the complete reimburse- I
III ment from the Metropolitan Sanitary District of Greater Chicago for capital expendi-I
II tures, the District will reimburse the Village of Mount Prospect the funds necessary
to satisfy the paid capital outlay.
SECTION FOUR: That nothing in this Maintenance Agreement shall be construed to
I include major projects as defined by the Maintenance Division of the Metropolitan S~i-
I tary District of Greater Chicago, in which case the obligation remains with the Metr -
I politan Sanitary District of Greater Chicago.
I SECTION FIVE: That this Resolution shall be in full force and effect from and after ts
I passage and approval in the manner provided by law.
I AYES: 6
II NAYS: 0
II PASSED this 5th
I
, APPROVED this 5th day of April
j
II
I
I
I ATTEST:
I,
I '
I~~~.
i illage Clerk p:7
I '
Ii
day of
April
, 1977.
, 1977.
~~/
"Mayor
I
I
"
I
i
I
I
II
II
-2-
!
il
I!
'"
')
)
; "
:.
. ,
JRP:plt
2/25/77
A G R E E MEN T
---------
This Agreement made and entered into on the 1st day of May, 1977,
by and between The Metropolitan Sanitary District of Greater
Chicago, hereinafter called "District," and the Village of Mount
Prospect, Illinois, hereinafter called "Village." .
w r T' N E SSE T. H :
------------
vlliEREAS, on or about May I, 1968, District and Village entered into
an Agreement wherein Village agreed to assume the responsibility for
the maintenance and repair of. the sanitary sewers of District within
the corporate limits. of said Village on a fiscal year basis, from
May 1, 1968, for a one-year period, to be extended yearly upon the
mutual consent of District and Village, which Agreement provided
further that the proposed budget established by District for the
maintenance and repair of the aforesaid sanitary sewers would be
$36,988.00 for said fiscal year, and with the understanding that
future years' budgets would be determined and negotiated on the
basis of the experience with costs for said maintenance and repairs;
and
WHEREAS, as a matter of public health and safety, it is necessary
at all times to keep and maintain the said sewers in good repair; and
WHEREAS, it is the desire of the parties that Village continue to
render to District said services for the fiscal year commencing
May 1, 1977, to and including April 30, 1978; and .
~VHEREAS, it has been determined on the basis of experience with the
costs for said maintenance and repairs during the period of the last
previous extension, that costs for said maintenance and repairs
will not increase during the fiscal year commencing May 1, 1977 to
and including April 30, 1978; and
~mEREAS, the Board of Commissioners of District did duly authorize
the extension of this Agreement for the term commencing May 1, 1977,
to and including April 30, 1978, upon the .terinsand conditions
hereinafter stated;
NOW, THEREFORE, in consideration of the covenants and the conditions
herein contained, the parties hereto mutually agree as fo11ovlS:
1. Village agrees to maintain and repair all the sanitary sewers
of District within the corporate limits of Village for the period
commencing May 1,1977, to and including April 30, 1978, and to
make all expenditures required for the same. District agrees to
pay to Village for said services and expenditures required during
said term, and Village agrees to accept, a sum not to exceed .
$64,900.00.
2. That nothing in this Agreement shall be construed to include
major projects as defined by the Maintenance and Operations
Department of District. If a major project becomes necessary,
it shall remain the obligation of District to carry out said
project.
,')
j
.J
)
.'....
3. That if this Agreement is terminated after the one-year term
herein created or prior to the complete reimbursement from
District for expenditures made in conformity with the terms
hereof, District will reimburse to Village the funds necessary
to satisfy such expenditures.
4. Village agrees to submit all purchases of more than $2,500.00
to competitive bidding in conformity with the requirements of
the Purchasing Act for District (Chapter 42, Sections 331.1
through 331.23 of the Illinois Revised Statutes) and further
agrees that compliance with the same shall bea condition
precedent to the District paying or reimbursing the Village
for any such expenditures. .,
5. The cost of maintenance and repairs shall be construed to
include all labor and material, foreman's and engineering super-
visions, engineering and clerical costs, costs of cleaning,
of the sewers and all other costs and charges occasioned by,
or reasonably incidental to, the maintenance and repair of
said sewers, exclusive of administration costs.
6. A record of the costs of all maintenance, repairs, or recon-
struction necessary for the proper operation of said sewers,
and of all equipment necessary for such repairs, maintenance,
or reconstruction, shall be kept by Village. A detailed
statement of such costs, for the previous month, shall be sub-
mitted monthly to District, and District shall promptly process
and pay the same. The rates and prices listed on the statement
shall be the actual rates and prices paid by Village for
materials and services. .
7. Commencing from the date that Village has, in fact, taken over
the maintenance 'and repair of the sewerage systemt District
shall monthly reimburse Village for the cost of maintaining
and repairing the said sewerage system.
8. District shall have the right to inspect all work performed
hereunder by Village and shall have the further right of
withholding the payment for services or reimbursement of any
expenditure for said work, if same fails to pass the District's
inspection.
9. Village covenants and agrees that it shall be solely responsi-
ble for and will pay all valid claims, and demands whatsoever, and
all damages because of bodily injuries, including death at any
time resulting therefrom, accidentally sustained by any person
or persons, for injury to real property, personal property,
including the loss of use thereof, arising out of or in con-
sequence of the performance of this work, and it hereby agrees
to defend, indemnify and hold harmless District against all
loss or expense by reason of any liability imposed by law and
against all suits and actions of every name and description
brought against District, for or on account of any bodily injuries,
including death at any time resulting therefrom, accidentally
sustained by any person or persons, for injury to real property,
personal property, including the loss of use thereof, caused
by the Village, its servants, agents or employees, or anyone
else, arising out of or in consequence of the performance of this
work. \
/
- 2 -
....
.)..
)
~_i ( ',."
~
10. Statement bE Intent: If the maintenance and repair of the
sewerage system referred to in this Agree..T'flent are satisfactory
to the parties under the terms of this Agreement, it is the
intent of both parties that a new Agreement containing the
same terms herein stated be executed to cover the annual periods
subsequent to April 30, 1978. In addition, it is understood
that if the terms of this Agreement are not entirely satis-
factory to the parties hereto, they are subject to being
renegotiated at the end of each annual period.
11. This Agreement shall not be taken or construed as modifying
or otherwise affecting any existing contract relating to said
sewerage system and its appurtenances.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their proper officials on the~"""" day of
. . . . . . . , 1977
VILLAGE OF MOUNT PROSPECT, ILLINOIS
ATTEST:
By
Mayor
Clerk
THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO
ATTEST:
Glerk
'By ...... .
Chairman, Committee on Finance
APPROVED:
Chief of Maintenance and Operations
Approved as to Form .and Legality:
r
1 /~ "'7 ~
AI /1 ~'/;:~/ ~Z.
.: '" ..7 . ,~ /{ /.' . ,':0,. .. .
,"f/.ti-clL/..-?-'l"U"'" -.~//Z~.~.....c-/ ," r ~
Head ll-j.sistan.e-AttJrrfey ......._.
,/'.'-~
..... .,; " .'. " /./ '7-::...-.-.. .
. ,./ ,?/ ~~ . .'. . .... .
../ /~.[. /I~,,/..<'/-;d.
Attorney '.. /.
APPROVED:
APPROVED:
. General Superintendent
Purchasing Agent
- 3 -