HomeMy WebLinkAboutRes 15-75 04/22/1975
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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.
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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:
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Vi 11 age Cl e rk
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2/10/75
A G R E E MEN T
This Agreement made and entered into on the 1st day
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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I, 1975.
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VILLAGE OF MOqNT PROSP~CT, ILLINOI~
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ATTEST:
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By _, _ .. ~_ Co., "'~
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Clerk
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THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO,
ATTEST:
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Ch ~ of Maintenance and Operations
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Approved as to Form and Legality;
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APPROVED:
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