1982-11-01 - Resolution 1982-46 - AGREEMENT TO PROVIDE SNOW AND ICE CONTROL SERVICE TO WHEELING TOWNSHIP STREETS DURING THE WINDER OF 1982-1983 AND AN AGREEMENT OF INDEMNITY. RESOLUTION NO. 82 - 46
A RESOLUTION ACCEPTING AN "AGREEMENT TO PROVIDE SNOW & ICE
CONTROL SERVICE TO TOWNSHIP STREETS DURING THE WINTER OF
1982-1983" AND AN "AGREEMENT OF INDEMNITY"
WHEREAS, the Wheeling Township Highway Commissioner
has requested that the Village of Buffalo Grove provide snow
and ice control services for Township streets in certain un-
incorporated areas adjacent to the Village; and, •
WHEREAS, the Village is capable of performing these
services without any significant operational problems; and,
WHEREAS, the Township has agreed to pay a fee adequate
to reimburse the Village for the costs of providing this service
and to conform to certain other provisions desired by the Village;
and,
WHEREAS, the Village desires to cooperate with Wheeling
Township by providing the requested service;
NOW, THEREFORE, BE IT- RESOLVED by the President and Board
of Trustees of the Village of Buffalo Grove, Lake and Cook Counties
Illinois as follows:
1. The "Agreement of Indemnity" is hereby approved.
2. ' The "Agreement to Provide Snow and Ice Control
Service to Township Streets During the Winter of
1982-1983" is hereby approved.
3. The Village President and Village Clerk be, and
they are hereby authorized and directed to execute
the "Agreement of Indemnity" and the "Agreement To
Provide'Snow and Ice Control Service to Township
Streets During the Winter of 1982-1983". A copy of
each of the two said agreements is attached hereto
and made a part hereof.
AYES• 5 _ Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYS: 0 - None
ABSENT: 1 - Schwartz
PASSED: November 1 , , 1982
APPROVED:
.7/
Vi lage President
-TIEST:--
_
Via g "��"e a rk
I 1
VILLAGE OF BUFFALO GROVE
DEPARTMENT OF PUBLIC WORKS
AGREEMENT TO PROVIDE SNOW AND ICE
CONTROL SERVICE TO TOWNSHIP STREETS
DURING THE WINTER OF 1982 - 1983
THIS AGREEMENT, made and entered into this 1st
day of November A.D. 1982, by and between the Village of
Buffalo Grove, acting by and through its Department of Public Works,
hereinafter referred to as the "Department" and Wheeling Township
which is organized and existing under and by virtue of the laws of
the State of Illinois, hereinafter referred to as the "Township", .
that for and in consideration of the covenants hereinafter mentioned
the parties hereto agree as follows:
1. The Department agrees to provide snow and ice control ser-
vice for the streets denoted in Attachment A, for the period
beginning . November 1 , 1982 and ending
April 15 , 1983
2. Snow and ice control service includes snow removal and salt
or abrasive application operations. •
3. The Township agrees that the Department will not be held re-
sponsible for any damage, including but not by way of limita-
tion, mailbox damage occurring during the course of snow and
ice control services.
4. In consideration of the snow and ice control services covered
by this agreement, •the Township will pay the Department a
sum of " Two Thousand, Two Hundred Twenty-One Dollars
($2,221.00) for normal operations during the
period covered by the agreement payable as described in
paragraph 5 below.
5. On or about November 1, 1982 the Department will invoice the
Township in an amount equal to the total allowance for normal
operation as stated above, which invoice the Township will pay
within thirty (30) days.
6. The Township and Department also agree that the Department may
find that weather or other conditions require that above normal
snow and ice control operations be provided. It is agreed that
if the Department's actual expenditures for its Snow and Ice Control
Program exceed the approved and published budget for the program
by 5% or more, the Township will share the expenses which
exceed the program budget in proportion to the total Township
street mileage served through the program by the Department
compared to the overall total street mileage served through
the program by the Department.
Page 1 of 2
7. On or about May 15, 1983 the Department will invoice the
Township for the amount due, if any, for the above normal
services described in paragraph 6 in accordance with the basis
of payment described in paragraph 6.
8. It is further understood and agreed that the Department, when
in its judgement it is expedient to do so, and at its dis-
cretion, shall have the right to terminate this agreement by
giving written notice to the Township not less than fifteen
(15) days in advance of the date of such termination.
9. The Township agrees to operate and maintain the streets
covered by this Agreement in a satisfactory manner.
The Township will notify the Department of any deficiencies in
the street.
10. Any and all complaints regarding said service will be
handled by the Township.
11. This service will be provided only after adequate service
has been provided on Village streets.
12. The Township shall hold the Village harmless and indemnify
same for any actions arising under this Agreement. Said hold
harmless/indemnification is attached hereto as Attachment B
and made a part hereof,
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be executed by their duly authorized officials.
Village President
7=r/L;,..24d
Township Highway Co missioner
ATTEST:
Vd'l l age Cfierk
(Seal )
Page 2 of 2
•
ATTACHMENT A
STREET NAME LENGTH
OF STREET
Betty Drive 1,310,09'
Ellen Drive 1,409.91'
Dun Lo Avenue 1,029. 12'
Old Buffalo Grove Road 575.00'
Park Place 660.00'
Salk Road 880.00'
Darryl Drive 660,00'
TOTAL 6,524.12' = 1.24 Miles
1
ATTACHMENT B
AGREEMENT OF INDEMNITY
THIS AGREEMENT of Indemnity, entered into this 1st day of
November , 1982, by and between WHEELING TOWNSHIP, (hereinafter
called "Indemnitor") and th.e VILLAGE OF BUFFALO GROVE, (hereinafter called
"Indemnitee"):.
WITNESSETH:
WHEREAS, Indemnitor, are the owners of record of certain streets
annoted in agreement to provide snow and ice control services to Township
streets, dated Oct. 18, 1982 •
WHEREAS, the Indemnitor desires Indemnitee to provide snow and ice
•
control pursuant to said agreement;
NOW, THEREFORE, in consideration of the foregoing and the covenant
and agreements hereinafter set forth, the parties hereto agree as follows:
That Indemnitor will indemnify and keep indemnified the Indemnitee,
and hold and save Indemnitee harmless from and against any and all actions
or causes of action, claims , demands, liabilities, loss , damage or expense
of whatsoever kind and nature including attorney's fees which Indemnitee
shall or may at any time sustain or incur by reason or in consequence of the
Indemnitee entering onto the Indemnitor's streets as hereinbefore set forth,
or which Indemnitee may sustain or incur in connection with any litigation,
investigation or other expenditures incident to said service, including any
suit instituted to enforce the obligations of this Agreement of Indemnity, and
Indemnitor will pay to Indemnitee, or their heirs, representatives, successors,
and assigns, all sums of money which Indemnitee shall pay or cause to be paid,
or become liable to pay on account of said service.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written.
WHEELING TOWNSHIP Indemnitor
BY:
Town ip Highway Co sioner
ATTEST:- _
VILLAGE OF BUFFALO GROVE, an
Illinois Municipal Corporation,
Indemnitee
V4-I•1—ge Clerk_
-
-N BY: iL•••••--t-X
_ . - Vi 11-ge President