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HomeMy WebLinkAboutRes 25-00 06/06/2000 VVL/ 5110/00 RESOLUTION NO.. 25-00 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE SOCIAL SECURITY ADMINISTRATION WHEREAS, the Corporate Authorities of the Village of Mount Prospect have entered into negotiations with the Social Secudty Administration, in an effort to implement a contract for the sale of water by the Village of Mount Prospect to the Social Security Administration at its Prospect Heights, Illinois facility, said Contract attached hereto as Exhibit "A"; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that a contract for the sale of water will be of mutual benefit to both parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk is authorized to attest his signature on the attached Contract for the sale of water by the Village of Mount Prospect to the Social Security Administration at its Prospect Heights, Illinois facility, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That if any part of the attached Contract is found to be void and of no effect, that the remainder of the Contract shall remain effective on the terms as written. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Prikkel, Skowron, Wilks NAYS: None ABSENT: Lohrstorfer PASSED and APPROVED this 6th day of June, 2000· Gerald L. Farley, Mayor / ATTEST: · W, 'ag r H:\G EN~files\WlN\R ES~Water, Secial Security Adrnin.doc "~- CONTRACT FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO DESIGNER DIRECT, INC. FOR THE SOLE AND DIRECT BENEFIT OF THE UNITED STATES GOVERNMENT FOR THE SOCIAL SECURITY ADMINISTRATION - This Contract made and entered into this __ day of ,2000, by and between the Village of Mount Prospect ("the Village"), an Illinois municipal corporation, the United States Social Security Administration ("the Administration") and Designer Direct, Inc. of 1455 East Golf Koad, Suite 200, Des Plaines, Illinois 60016 ("the Owner"). WITNESSETH: WHEREAS, the Owner desires to purchase water from the Village for its building at the North East comer of Euclid Avenue and Elmhurst Koad, in the City of Prospect Heights, Illinois ("the facility") for the sole benefit of the Administration; and WHEREAS~ the Administration desires to guarantee the payment for such water and to provide certain other assurances to the Village; and WHEREAS, the Village is willing to furnish water for the sole benefit of the Administration and expects to have available water for the initial seventeen (17) year period of this Contract as well as the ten (10) year option period as set forth in Section 16, or until such time as the Administration or other U.S. govemment agency is no longer the Lessee; and WHEREAS, the Village, the Administration and the Owner desire to enter into an agreement for the sale and purchase of water; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Contract, the Village agrees to furnish and sell water for the sole benefit of the Administration, and the Admlnistmfion agrees to receive and guarantee payment for the water and agrees to provide certain assurances upon the following terms and conditions: 1. ~f Water. During the term of this Contract, the Village shall provide and make available to the facility, for its use at a delivery point set forth in Paragraph 3, water in the volume required by the Admlnlstmtion for the facility at the Northeast comer of Euclid Avenue and Elmhurst Road. In the event that it becomes necessary for the Village to limit its delivery of water to its water customers, the facility shall be entitled to receive, during such a period of scarcity, its pro rata share of water available as determined by the proportion which the volume of water used by the Administration during the last preceding twelve (12) month period bears to the volume of water used by the other customers of the Village for the same period. - In the event that it becomes necessary for the Village to limit the use of water by its water customers, by imposing lawn and sprinkling restrictions or otherwise, the facility shall be subject to these same restrictions. Restrictions may be imposed by water pressure zones at the discretion of the Village. 2. Quality of Water. Water to be delivered to the facility shall be of the same quality as that provided to customers within the corporate limits of the Village from the Village's system. Water quality after it leaves the Village water main is the responsibility of the Owner. So long as the Village meets its responsibility pursuant to this paragraph, neither the Owner nor the Administration shall make any claims whatsoever against the Village for costs or damages caused by any failure to meet EPA or other regulatory agency water quality or composition standards. 3. Point of Ddiver~. The point of delivery of water from the water supply of the Village to the facility shall be the Village's water main along (as extended) adjacent to the facility at a point and in a manner approved by the Village. Any easements required for the connection must be secured by the Owner. 4. Cost of Improvements. The Owner shall be responsible for one hundred percent (100%) of any costs associated with the construction and installation of any piping or structure required to fulfill this Contract, including, but not limited to, all engineering and legal fees of either party. 5. Drawings and Permits. The working engineering drawings for any piping or structure required to deliver water to the facility shall be submitted to the Village for review, · modification and approval. The Owner shall be responsible for obtaining such other governmental approvals or permits as are necessary, including but not limited to the Illinois EPA. 6. Notification and Cost of Repair. The Owner shall orally notify the Village immediately upon discovery of any break, defect or other malfunction in the improvements and shall then give written notification of the break, defect or malfunction within twenty-four (24) hours of discovery. In the event the Village shall detect such break, defect or malfunction, it shall notify the Owner mediately upon discovery and then within 24 hours of such discovery give the Owner a written follow-up notification. The Owner shall use its best efforts to repair such breaks, defects or malfunctions wilhin twelve (12) hours after initial notification of such break, defect or malfunction and in any event shall make necessary repairs as promptly as is practical. 2 If the Owner notifies the Village that it cannot make the repair within twelve hours or fails to make the repairs within twelve hours; the Village shall have the right to cause the repairs to be made at the sole expense of the Owner. The cost of any repair, including labor and materials to any improvements required on account of the Contract shall be borne by the Owner, whether performed by the Village, the Administration or the Owner. 7. Other Connections. No connection or extension to serve any property other than for the facility at the Northeast comer of Euclid Avenue and Elmhurst Road shall be permitted. 8. Measuring Equipment. The Owner agrees to furnish, install and replace as may be necessary, at its own expense, at the point of delivery to the facility, the necessary meter pits, valves and meters. All such equipment shall be of a standard type approved by the Village and capable of reading rote and quantity and with the capacity of accepting telemetering equipment to permit remote reading for measuring the quantity of water delivered under this Contract. Meters may be tested and calibrated annually by the Village at the expense of the Owner. The Owner or the Administration shall be notified, in writing, of such calibration so that it may be done in the presence of a representative of the Owner or the Administration and so that the parties may jointly observe any adjustments which are made to the meter or meters in case any adjustments shall be necessary. Maintenance and testing shall be performed by a contractor or representative from the Village and shall be paid for by the Owner. The connection shall be equipped with a backflow preventer approved by the Village. 9. Meter Reading Recordation. For the purpose of this Contract, the original record or readings of the meter or meters shall be in the meter journal or other record book of the Village. Upon request by the Owner or the Administration, the Village shall furnish the Owner or Administration with a copy of such records or permit the Owner or the Administration to have access to them during reasonable business hours. 10. IJnit of Measurement. The unit of measurement for detenn~ ining compensation for water delivered shall be that typically used by the Village and all measuring devices shall be so calibrated. 11. Price and Terms. The Owner shall pay the Village the nonresidential water rate as set forth in Section 22.504.2 o'r similar rate provision of the Mount Prospect Village Code as it may from time to time be amended. 12. Bffiing. The Village shall bill the Owner monthly for all water furnished under tiffs Contract and payments shall be due and payable by the Owner to the Village within thirty 00) days from the date of billing. 3 13. Commencement Liability for Payments. Liability for making payments as above set forth shall commence on the date of the first tender of delivery of water to the facility. 14. Owner Assurances. The Owner guarantees the payment of all water bills furnished to the facility within thirty (30) days of being notified by ~he Village of any nonpayment according to the terms of this Contract. Further, the Owner acknowledges the Village's absolute right to discontinuation of water service upon forty-five (45) days written notice, if the Administration or other U.S. government agency is no longer the Lessee of the facility. The Owner shall hold the Village harmless and indemnified against any claims made by any party whatsoever against the Village, its agents, officers and employees for the discontinuation of such service. 15. No Liability. The Village shall not be liable for damages fo~ breach of contract or othetmise for failure, suspension, diminution or other variation of service. 16. Term of Contract. This Contract shall continue in full force and effect for a period of seventeen (17) years. The Owner shall have the option to extend this Contract for an additional ten (10) year period. The Contract may be renewed for any additional term permitted by law upon such terms and conditions and rate adjustments, if any, which may be then agreed by and between the Owner and the Village. 17. Modification. This Contract may be amended only in writing and with the consent of both the Village and the Owner. 18. Hold Harmless. The Owner, for itself, its officers, agents and employees agrees to hold and save the Village, its officers, agents and employees harmless from any and all claims, damages, suits, causes of action and the like which may arise by virtue of this Contract. 19. Notices. All notices of communication shall be in writing and shall be either delivered to the Owner, the Village or the Admim'stration or, if mailed, shall be sent by registered mail, postage prepaid, to the office of the Clerk of the Village or the General Services Administration, Contracting Officer for Lease No. GS-05B-16042, 230 South Dearborn Street, Suite 3622, Chicago, Illinois 60604 and Designer Direct, Inc., Attn: President, 1455 East Golf Road, Suite 200, Des Plaines, Illinois 60016. 20. Severability. In the event that any part, term or provision or paragraph of this Contract shall be found to be illegal or in conflict with any law by any court of proper jurisdiction, the validity of the remaining portions or provisions of this Contract shall not be affected. 21. This contract is assignable only if the beneficiary of the use of the water service is a governmental agency. 4 IN WITNESS WHEREOF, the parties acting under the authority granted by their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the date and year first above written. Village of Mount Prospect, ATTEST: / Village Clerk Unit~tates Government ATTEST: Its ~?.~.._~:/.~m~ t Desig~nc. ATTEST: 5" NOTIFICATION ADDRESSES General Services Administration Contracting Officer for Lease No. GS-05B-16042 230 South Dearborn Street Suite 3622 Chicago, Illinois 60604 President Designer Direct, Inc. 1455 E. Golf Road Suite 200 Des Plaines, IL 600616 (847) 297-I 121 Mr. Michael E. Janonis Village Manager Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 EIvlH~/16/00\C:'xMyFilesLMP~S aleotWater.cnt.doe 6