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HomeMy WebLinkAbout6. NEW BUSINESS 05/18/2010 T RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE MOUNT PROSPECT LIONS CLUB TO CONDUCT A FARMERS' MARKET WHEREAS, the Village of Mount Prospect supports the annual Farmers' Market held in the commuter parking lots; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Mount Prospect Lions Club in order to conduct the annual Farmers' Market from June 6 through October 17, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Mount Prospect Lions Club to conduct the Farmers' Market on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A". 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: NAYS: ABSENT: PASSED and APPROVED this day of May, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WI N\RESOLUTION\F armersMarket,201 O.doc B , Exhibit "A" GRANT OF LICENSE Jhe Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB (licensee) for the purpose of operating a Farmers' Market on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from June 6 through October 17, 2010. 2. Each vendor operating at the Farmers' Market shall possess a Certificate of Public Liability Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold Harmless Agreement, a copy of which is attached hereto and hereby made a part of as Exhibit "B". 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. The licensee must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the Market. The licensee shall ensure all applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code) are followed and enforced. The licensee shall cooperate fully with duly authorized Village employees for enforcement of Village codes including but not limited to prequalification, spot inspections, etc. 5. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 6. Prior to November 30, 2010, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2010 season, along with proposed solutions, proposals for improving the Market and the outlook for the future of the Market. 7. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. Page 2/2 Farmers Market License 2010 8. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. Dated this _ day of May, 2010. VILLAGE OF MOUNT PROSPECT By: Michael E. Janonis Village Manager APPROVED/ACCEPTED: for the Mount Prospect Lions Club Exhibit "B" HOLD HARMLESS WHEREAS, MOUNT PROSPECT LIONS CLUB ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR") to operate a Farmer's Market within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and .I WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on May , 2010, entitled "A Resolution Authorizing Execution of a License to the Mount Prospect Lions Club to Conduct the Annual Farmers' Market in the Village". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Farmers Market within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Farmers' Market. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. Page 2/2 Farmers' Market Hold Harmless 2010 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 332 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this day of May, 2010. MOUNT PROSPECT LIONS CLUB By: VILLAGE OF MOUNT PROSPECT, a municipal corporation By: Michael E. Janonis Village Manager ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\RESOLUTION\F armersMarket,201 O.doc ! RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION TO CONDUCT WEEKLY CAR SHOWS WHEREAS, the Village of Mount Prospect supports the summer "Blues Mobile Cruise Night" car shows held in the commuter parking lots; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Downtown Mount Prospect Merchants Association in order to conduct the annual Car Shows from May 15, 2010 through September 25, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Downtown Mount Prospect Merchants Association to conduct the Car Show on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A". 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: NAYS: PASSED and APPROVED this day of May, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\car show resolution201 O.doc t , Exhibit "A" GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION (licensee) for the purpose of operating a Car Show on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This license is subject to the following conditions: 1. The term of the license shall be from May 15, 2010 through September 25, 2010. 2. Each vendor selling food at the Car Show shall utilize a food cart licensed by the Village of Mount Prospect Environmental Health Division and in compliance with all health and sanitation regulations of the Village and the State of Illinois. 3. This license shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of license. 4. Within ten (10) days of the execution of this Grant of license, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 5. Prior to November 3D, 2010, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Car Show, problems encountered in the year 2010 season, along with proposed solutions, proposals for improving the Car Show and the outlook for the future of the Car Show. 6. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. 7. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. \ Page 2/2 Car Show License 2010 This Grant of License is personal to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION and may not be transferred to any other person or entity. Dated this _ day of May, 2010. VILLAGE OF MOUNT PROSPECT By: Michael E. Janonis Village Manager APPROVED/ACCEPTED: for the Downtown Mount Prospect Merchants Association . EXHIBIT "B" HOLD HARMLESS WHEREAS, DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR") to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on May , 2010, entitled "A Resolution Authorizing Execution of a License to the Downtown Mount Prospect Merchants Association to Conduct the Annual Car Show in the Village". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Car Show. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. , Page 2/2 Car Show Hold Harmless 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 632 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this day of May, 2010. DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION By: VILLAGE OF MOUNT PROSPECT, a municipal corporation By: Michael E. Janonis Village Manager ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\car show resolution2010.doc RESOLUTION NO. A RESOLUTION REGARDING THE RELEASE OF CLOSED SESSION MINUTES WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have, from time to time, met in Closed Session for purposes authorized by the Illinois Open Meetings Act ; and WHEREAS, as required by the Act, the Village Board has kept written minutes of all such Closed Sessions; and WHEREAS, pursuant to the requirements of Public Act 85-1355, the President and Board of Trustees have met in Closed Session to review the minutes of all Closed Sessions; and WHEREAS, the President and Board of Trustees have determined that a need for confidentiality still exists as to the Closed Session minutes for the meetings as set forth on Schedule "A" attached hereto; and WHEREAS, the President and Board of Trustees have further determined that the minutes of Closed Sessions, as noted on Schedule "A" attached hereto, no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize the release of the Closed Session minutes as indicated on Schedule "A" attached hereto and made a part of this Resolution. SECTION TWO: That the Village Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with the standing procedures of the Clerk's Office. 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: NAYS: ABSENT: PASSED and APPROVED this day of May, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\May1862010 ResolutionClosed Session Minuites.doc ~ SCHEDULE A Closed Sessions of the President and Board of Trustees of the Village of Mount Prospect were held as listed below. The minutes that have been determined may be released for public inspection are indicated by the word "Released" or "Partial Release", those determined to remain as confidential are indicated by the words "Not For Release": January 15,2008 (6:10 p.m.) January 15,2008 (9:26 p.m.) January 29, 2008 February 12, 2008 (6:12 p.m.) February 12, 2008 (10:47 p.m.) February 19, 2008 March 4,2008 March 18, 2008 March 25, 2008 April 1, 2008 April 15, 2008 April 22, 2008 (6:00 p.m.) April 22, 2008 (10:10 p.m.) May 13, 2008 June 3, 2008 June 10, 2008 June 24, 2008 July 8, 2008 July 15, 2008 August 5, 2008 August 12, 2008 August 19, 2008 September 2, 2008 September 9,2008 September 16, 2008 October 7, 2008 November 18, 2008 10f 1 Not For Release Partial Release Not For Release Not For Release Partial Release Not For Release Partial Release Partial Release Not For Release Not For Release Not For Release Not For Release Partial Release Partial Release Released Released Partial Release Released Released Partial Release Partial Release Released Released Released Released Not For Release Released I Mount ( Mount Prospect Public Works Department INTEROFFICE MEMORANDUM VILLAGE MANAGER MICHAEL E. JANONIS DEPUTY DIRECTOR OF PUBLIC WORKS TO: FROM: DATE: SUBJ: MAY 12, 2010 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TENTER INTO ELECTRICAL ENERGY SUPPLIER AGREEMENTS FOR ANY MUNICIPAL PURPOSE On April 23, 2010, the Village received notice from Commonwealth Edison that electrical energy for municipal streetlighting had been declared "competitive" by the Illinois Commerce Commission. This change in status essentially impacts the Village in two (2) ways: 1.) Commonwealth Edison will no longer provide municipalities with a fixed, flat rate for streetlighting; the rate will likely become variable by the season or hour and, 2.) the traditional "dusk-to-dawn" streetlight rate has become "unbundled"; there will be separate charges for supply and delivery. In general, streetlighting electricity will be classified the same as water/sewer pumping electricity. As you are aware, the Village has let bids for water/sewer pumping electricity since 2006. We anticipate that we will now let similar bids for streetlight electricity . Commonwealth Edison has advised that their new rates could take effect as soon as later this month (May). Accordingly, staff is presently considering participating in a mutual bid organized by the Northern Illinois Municipal Electric Cooperative or letting a separate, stand-alone bid for streetlighting electricity. Due to the fickle nature of electricity markets, we have found it necessary to support our water/sewer pumping lettings with a Village Board resolution authorizing you to sign electricity supplier agreements (Resolution 11-08 passed on April 1, 2008). This authority is necessary because the market is highly volatile and supplier price tenders usually stipulate acceptance within a very short period time. There is often insufficient time to present these agreements for the Village Board's consideration. Unfortunately, this resolution specifically limits your authorization to electrical energy for water/sewer pumping operations. Consequently, it is probably inadequate authority f '\ Page 2 of 2 A Resolution Authorization the Village Manager to Enter into Electrical Energy Supply Agreements for Any Municipal Purpose May 12,2010 ". for you to enter into supplier agreements for streetlighting electricity. Attached for your review please find a proposed amended resolution that expands your authority to periodically enter into electrical energy supplier agreements for any municipal purpose following a competitive bidding process. As always, the results of any competitive bids for electricity will be reported to the Village Board after the fact. I would greatly appreciate it if you could present the attached amended resolution for the Village Board's consideration at the May 18 Village Board meeting. If you have any questions, or would like to discuss this matter in further detail, please contact me at your convenience. Sean P. Dorsey Cc: Director of Public Works Glen R. Andler Water/Sewer Superintendent Matt Overeem RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO ONE OR SEVERAL CONTRACTUAL AGREEMENTS TO SUPPLY ELECTICAL ENERGY TO THE VILLAGE FOR ANY PURPOSE RELATING TO MUNICIPAL SERVICES WHEREAS, the electrical energy supply market has been deregulated in the State of Illinois; and WHEREAS, under the aforementioned deregulation, Commonwealth Edison no longer generates electricity for its customers, but continues to provide electric power through its distribution system; and WHEREAS, the Village of Mount Prospect is now permitted to secure electrical energy from multiple supply sources; and WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village of Mount Prospect to enter into one or several contractual agreements to supply electrical energy for any purposes related to the Village's municipal operations through a competitive bidding process conducted by the Village or NIMEC. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING PURSUANT TO ITS HOME RULE POWERS: SECTION 1: The Village Manager is authorized, at such times as it is in the best interests of the Village, and based upon competitive bids, to enter into one or several agreements for the supply of electrical energy for any purpose related to the Village's municipal operations. The Village Manager shall report each such agreement to the Village Board at the next meeting after entry into the Agreement. SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of May, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\ManageragreementsmunicipalservicesMay18, 2010.doc 251612_1