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HomeMy WebLinkAboutRESOLUTION - 29-94 - 5/24/1994 - AGREEMENT/EG TOWNSHIPRESOLUTION NO. 29-94 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL SALT STORAGE/FUEL FACILITY USE AGREEMENT (ELK GROVE TOWNSHIP) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL SALT STORAGE/FUEL FACILITY USE AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 24th day of May , 1994. APPROVED this 24th day of May , 1994. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk By: Ann 1. Head Deputy Village Clerk INTERGOVERNMENTAL SALT STORAGE/FUEL FACILITY USE AGREEMENT THIS AGREEMENT entered into this 24th day of May , 1994 by and between the VILLAGE OF, ELK GROVE VILLAGE, an Illinois municipal corporation ("Village") and ELK GROVE TOWNSHIP, an Illi- nois municipal corporation ("Township"). I T N E S S E T H WHEREAS, the Township owns and maintains a five hundred (500) ton salt storage dome located at 2400 South Arlington Heights Road, Arlington Heights, Illinois, which storage dome has an annual ex- cess storage capacity of between two hundred fifty (250) and three hundred (300) tons of salt; and WHEREAS, the Township is in the process of abandoning under- ground fuel storage tanks and has a need to purchase fuel from another source; and WHEREAS; the Village is currently upgrading its underground fuel storage tanks and has the capacity to fuel vehicles and equip- ment owned by the Village and has excess capacity within its fuel- ing system to add additional users; and WHEREAS, the Village has a need to stockpile and store several hundred tons of salt; and WHEREAS, it is in the best interest of the Village and the Township in the recognition of their respective needs to utilize the excess capacities of the other municipality for the benefit of the residents of said municipal entities. NOW, THEREFORE in consideration of the mutual promises and conditions hereinafter stated and other good and valuable consi- deration, it is hereby agreed by and between the parties as follows: Section 1: The Village shall have the right to store salt at the Township salt storage dome in an amount equivalent to the excess capacity of said salt storage dome, the amount and avail- ability of said excess capacity to be determined by the Township and conveyed to the Director of Public Works of the Village. Section 2: The Village shall have the right to access the Township's salt storage dome twenty-four (24) hours per day, three hundred and sixty-five (365) days per year for the purpose of uti- lizing the Village's stock piled salt supplies. Section 3: The Township shall have the right to obtain fuel from any Village fueling facility in such amounts as is determined by the Village after having considered the fueling needs of the Village and any fuel shortages with respect thereto. The amount of fuel available or any changes with respect thereto shall be conveyed to the Township by the Director of Public Works of the Village. Section 4: The Township shall have the right to access the Village's fueling facilities twenty-four (24) hours per day, three hundred and sixty-five (365) days per year for the purpose of uti- lizing the village's fueling facilities. Section 5: The Village shall provide all equipment necessary to load, haul or stock pile the Village's salt. The Village will maintain records regarding the quantity stored and taken by their personnel. -2- Section 6: There shall be no charge to the Village for the storage of salt within the Township's storage dome. There shall be no charge for the use of the Village's fueling facilities by the Township except for the cost of the fuel used plus any adminis- trative charge in effect for all users from time to time. The Village shall invoice the Township for any fuel used and payment shall be made by the Township to the Village within thirty (30) days upon receipt of said monthly billing. Section 7: From and after the date of this Agreement, any capital improvements to the Village's fueling facilities shall be paid by the Village and the Township on a proportionate basis uti- lizing a percentage of total fuel used by each entity. Section 8: The Village and the Township agree to obtain and maintain at the sole expense of each insurance, including compre- hensive general liability (with broad form property damage endorse- ment), auto liability, property damage and casualty, workers' com- pensation, and, if applicable, professional malpractice insurance covering the shared uses set forth in this Agreement. The obliga- tions of insurance set forth in this Section may be satisfied by participation in a self-insurance plan or pool. Section 9: The Village and the Township hereby expressly agree to indemnify, defend and hold each other harmless including officers, officials, employees, agents and other representatives from any and all claims, demands, liability damages, injury, causes of action, suits in law or in equity, cost and expenses which may W_ arise out of, or may relate to such activity set forth in this Agreement. These indemnities shall include attorneys' fees and costs that may arise from providing services pursuant to this Agree- ment. Section 10: Each agency shall remain solely and exclusively responsible for the employee benefits, wages and disability pay- ments, pensions, and workers' compensation claims for their re- spective employees. Section 11: Either party may terminate its participation in this Agreement upon delivery of written notice to the other party at least ninety (90) days in advance of any termination date, which termination date must coincide with the last day of any ca- lendar month. The notice shall be either personally delivered or sent by certified mail, return receipt requested to the individual designated by each party as the responsible party to receive said notice. This Agreement shall remain in full force and effect from its effective date until it is terminated as provided herein. Section 12: This Agreement may be amended with the mutual agreement of both parties in writing, from time to time. IN WITNESS WHEREOF the parties hereto set their hands and seals this 24th day of May , 1994. VILLAGE: TOWNSHIP: VILLAGE OF ELK GROVE VILLAGE ELK GROVE TOWNSHIP By: Dennis J. Gallitano By: Its: Village President Its: ATTEST: ATTEST: Patricia S. Smith Village Clerk By: Ann I. Head Deputy Village Clerk -4-