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HomeMy WebLinkAboutRes 15-75 04/22/1975 ~\ f ..~ RESOLUTION NO. 15-75 A RESOLUTION ACCEPTING THE ORLIGAiION OF GENERAL MAINTENANCE AND REPAIR OF THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO SANITARY SEWERS WITHIN THE VILLAGE OF MOUNT PROSPECT FOR FISCAL 1~75-76 WHER[AS, the representatives of the Village of Mount Prospect and the Metropolitan Sanitary District of Greater Chicago have conducted several meetings with respect to the general mainten- ance and repatr of the Metropolitan Sanitary District sanita.y sewers within the corporate limits of the Village of Mount Prospect; and w~tREAS, titles to said sewers are in the name of the Metropolitan Sanitary District of Greater Chicago as coll~teral for an existing bond issue; and WHEREAS, all parties concerned are cognizant of the much needed continual general maintenance and repair of said sewer system; and WHEREAS,certain funds are available for the general maintenance and repair of same, which funds are current}'y held by the Metropol itan Sanitary District of Greater Chicago; and WHEREAS, it is the consensus of those parties who undertook the y.: study of the feasibility of the Village of Mount Prospect Public Works Department's maintaining of said sewers that this Department could adequately do the general maintenance and repair 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 1975-76, allowing the 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, CQQK COUNTY, ILLINOIS: SECTION ONE: That ~he Village of Mount Prospect does hereby ac- cept the abligation for general maintenance and repairs of the Metropalitan Sanitary District sanitary sewers within the corpor- ate limits of the Village of Mount Prospect on a fiscal year basis commencing May 1, 1975, 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 ChJcago. BE IT F~RTHER RESOLVED that the Village of Mount Prospect accepts the proposed budget established by the Metropolitan Sanitary District of Greater Chicago for the general maintenance and repair ." of the Metropolitan Sanitary District sanitary sewers within the Village of Mount Prospect established at $64,900.00 for the fiscal year commencing May 1, 1975, with the understanding that future years' budgets will be determined and negotiated based on experience. .'..........,., ~ .~ -. BE IT FURTHER RESOLVED that the Village of Mount Prospect agrees that if said Maintenance Agreement is terminated after one year or prior to the complete reimbursement from the Metropolitan Sanitary District of Greater Chicago for capital expenditures the District will reimburse the Village of Mount Prospect the funds necessary to satisfy the paid capital outlay. BE IT FURTHER RESOLVED that nothing in this Maintenance Agreement shall be construed to include major projects as defined by the Maintenance Division of the Metropolitan Sanitary District of Greater Chicago, in which case the obligation remains with the Metropolitan Sanitary District of Greater Chicago. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 6 NAYS: 0 PASSED and APPROVED this 22nd day of April, 1975. ATTEST: &~W~ Vi 11 age Cl e rk 2 {~ !~ r JRP:kts 2/10/75 A G R E E MEN T This Agreement made and entered into on the 1st day ., I of May, 1975, by and between The Metropolitan Sanitary District of Greater Chicago, hereinafter called "District,1l and the Village of Mount Prospect, Illinois, hereinafter called IlVillage." WIT N E SSE T H WHEREAS, on or about May 1, 1968, District and Village entered into an Agreement wherein Village agreed to assume the responsibility for the maintenance and reapir 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 Agreemen~ provided further that the proposed budget established by District for the maintenance and repair of the aforesaid sanitary sewers would b~ $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 I, 1975, to and including April 30, 1976; and 11 .....~. ~ /~ '. WHEREAS, it has been determined on the basis of experience with the costs for said maintenance and repairs during the period of the last previous ex;tension, that costs for said maintenance and repairs have increased; and WHEREAS, the Board of Trustees of District did duly author~ze the extension of this Agreement .for the term commencing May 1, 1975, to and including April. 30, .1976, upon the terms and conditions hereinafter stated; NOW, THEREFORE, in consideration of the covenants and the conditions herein contained, the parties hereto mutually agree . as.follows: 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, 1975, to and including April 30, 1976, 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. 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. - 2 - . f' ~. ~. ...:..,~. ~. ,~ b 4. village agrees to submit all purchases of more than $2,500.00 to competitive bidding in conformity with the require- ments of the Purchasing Act for District (Chapter 42, sections 331.1 through 331.23 of the Illinois Revised Statutes) and furth~r agrees that compliance with the same shall be a 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, foremen's and engineering supe . visions, engineering and clerical costs, costs of cleaning of the sewers and all other costs and charges occasioned by, or reason- ably incidental to, the maintenance and repair of said sewers, exclusive of administration costs. 6. A record of the costs of all maintenance, repairs, or reconstruction'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 I such costs, for the previous month, shall be submitted monthly t 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. Commencirig from'the date that Village has, in fact, taken over the maintenance and repair of the sewerage system, District shall monthly reimburse Village for the cost of mainta: ing 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 qr reimbursement of any . . ~ ' ~. ',-:, I ....: ..,It;:-;. - 3 - " ..',. ..,~",..."..,... ..~._. ,.__ . ._.._,.._~_.~., _,0-'- ..~.-__.... ~. ~ ; ('. .',.: t~.~,. .,..:" .' ':' :; , ',':, ..,::;' " to'.' ; - ' I:' >, ,. ~ ;.,,: , ~ . /'-"\ ~ .,\ '. ,. t expenditure for said work, if same fails to pass the District's inspection. 9. Village covenants and agrees that it shall be solely responsible for and will pay all valid claims, and demands .f whatsoever, and pay 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 consequence 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 ~y the Village, its servants, agents Or employees, or anyone else~ arising out of or in <?onsequence of the performance of this work. 10. Statement of Intent. If the maintenance and repair of the sewerage system referred to in this Agreement are satis- factory 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 exe,cuted to cover the annual periods subsequent to April 30, 1976. In addition, it is understood that if the terms of this Agreement are not entirely satisfactory to the parties hereto, they are subjec't to being renegotiated at the end' of each annual period. - 4 - .. .. . , . <:;' ...... ..,~ ~\ ,~ i " {) I.> ." .. i< . .j 11. This Agreement shall not be taken or oonstrued as modifying or otherwise affe~tin9 any existing contraot relating to said sewerage system and its appurtenances. IN WITNESS WHEREOF, the parties hereto,pave caused thin , Agreement to be executed by their proper officials c:mthe -1 _ o<c! day of . ~ ,~ ,., , J I, 1975. .,... ,".' .' .' ~ l-... . -~,.... VILLAGE OF MOqNT PROSP~CT, ILLINOI~ ; ~.~ ATTEST: ~L '7 ' . " ", ' ",r" ~_ . f' .' . ~~ :~. .' . " By _, _ .. ~_ Co., "'~ ~ " " Present"","'.. , .dJit/~ Clerk .. .," ;: :> " THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, ATTEST: .4k 11c.'rldtr Clarl~" , ' , ... If tkA_ Ch ~ of Maintenance and Operations ,J " Approved as to Form and Legality; ~. ,- i',' ..~~ Attorney , ',' ;~l :1 '. . ./,:",' '. , ~.'I, :! ',' ( t, , ',t. ./ , 'j,', APPROVED: .~Y(, ~ Puroha~'in9 Ag'ont , ," ',,' ,,' " , '" ~ \ 5 --, ..... ':"'li: ' '''':''''~i ~ ' .. il " .\