1984-10-15 - Resolution 1984-64 - ACCEPTING AN "AGREEMENT TO PROVIDE SNOW AND ICE CONTROL SERVICE TO CERTAIN STREETS" AND AN "AGREEMENT OF INDEMNITY"RESOLUTION NO. 84 - 64
A RESOLUTION ACCEPTING AN ''AGREEMENT TO PROVIDE SNOId AND ICE CONTROL SERVICE
TO CERTAIN STREETS" 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 unincorporated 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 servi ce i
NOI,J, THEREF0RE, BE IT RES0LVED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois as follows:
l. The "Agreement of Indemnity" is hereby approved.
2. The "Agreement to Provide Snow and lce Control Service for Certain
Township Streets" is hereby approved.
3. The Village Manager is hereby authorized and directed to execute the
"Agreement of Indemnity" and the "Agreement to Provide Snow and Ice
Controi Service to Certain Township Streets". A copy of each of the
two said agreements is attached hereto and made a part hereof.
6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
0 - None
AYES:
NAYS:
ABSENT:
PASSED:
0 - None
0ctober 15 , I984
APPROV
age Pres i den
ATTEST:
$e^*-l-Y\ &3!4rIfil-aF-flerf
AGREEMENT TO PROVIDE SNOW AND ICE CONTROL SERVICE TO CERTAIN TOWNSHIP STREETS
TIIIS AGREEMEM, Eade and entered lnto on October 15, 1984 by and
between the Vlllage of Buffalo Grove, and Wheeling Townshlp whlch ls
organlzed and exlstlng under and by vlrtue of the laws of the State of
Illlnois, herelnafter referred to as the "Townshlp", that for and ln
conslderatlon of the covenants herelnafter Dentloned the partles hereto agree
as follows:
1. The Vlllage agrees to provLde snow and Lce control servLce for the
streets denoted 1n Attachrent A, for the flve and one-half month
wlnter perlods beglnnlng each year on November 1, and endlng Aprll
15th ln the followlng calendar year.
2. Snow and lce colltfol servlce lncludes snow removal and salt or
abraslve appllcatlon operations.
3, The Tonrtshlp agrees that the Vlllage !1111 not be held responslble
for any danage, lncludlng but not by rray of llmltatlon, nal1 box
damage occurrlng durLng the course of snow and Lce control
servlces.
4. In conslderatton of the normal operatlons provlded for snow and lce
controL servlces covered by the agreement, each year the Tomrshlp
w111 pay the Vlllage a sum equal to the number of nlles of Tovnship
road served by the progran, nultiplled by the rate per mlle
computed by dlvtding the approved Vlllage program budget for
snow and lce control servlces by the total nlleage of Vlllage
streets vhlch are served by the program, Thls charge to the
Township shall be payable as descrlbed ln paragraph 5.
0n or about 0ctober 1, each year, the Village will invoice the
Township in an amount equal to the total allowance for normal
operation as stated above, which invoice the Township will pay
rvithin thirty (30) days.
The Township and Village also agree that the Village may find that
weather or other conditions require that above normal snow and ice
control operations be provided. It is agreed that if the Village'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 Village compared to the overall total street
mileage served through the program by the Village.
0n or about May 15, each year, the Village will invoice the
Township for the amount due, if any, for the above normal services
described in paragraph 6 in accordance lrith the basis of payment
described in paragraph 6.
It is further understood and agreed that the Village, when in its
judgement it is expedient to do so, and at its discretion, shall
have the right to tenninate this agreement by giving written notice
to the Township not less than fifteen (15) days in advance of the
date of such termination. The Township may terminate this agree-
ment for the next winter period by providing written notice to
the Village on or before the September Ist, preceeding the winter
peri od .
5
6
7
8
9. The Township agrees to operate and maintain the streets covered
by this agreement in a satisfactory manner.
.|0. Any and al1 complaints regarding said service will be handled by
the Townshi p,
'I I. This service will be provided only after adequate service has been
provided on Village streets.
12. The Township shall hold the Village hannless 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.
.l3. The Director of Public Works is authorized to issue and receive
notices related to the Village's administration of this agreement.
IN IIITNESS IIHEREOF the parties hereto have caused this agreement to
be duly executed by their duly authorized officials.
Vi i Iage ltlanager
ATTEST:Townshi p Highway Conmi ss i oner
fn
Village C1erk
Street Name
TOTAL
ATTACHMENT A
Length of Street
I ,31 0. 09
I ,409. 9l
1,029.12
575.00
660. 00
880. 00
660.00
feet
feet
feet
feet
feet
feet
feet
6,524.12 feet = I.24 miles
Betty Dri ve
El len Dri ve
Dun Lo Avenue
Old Buffalo Grove Road
Park Pl ace
Salk Road
Darryl Dri ve
ATTACHMENT B
AGREEI'{ENT OF INDN4NITY
THIS AGREEMENT of Indemlry, entered into on october 15, 1984, by
and between WHEELING Torrrshlp, (hereLnafter called rrlndemnltorrr) and the
VILLAGE 0F BUFFAIO GROVE, (herelnafter called (trlndernnlteer'):
I.'ITNESSETII:
IiHEREAS, Indennltor, are the owners of record of certaln streeta
annoted ln agreement to provlde snow and 1ce control pursuant to said
agreement ;
NoW, THEREEORE, Ln conslderation of the foregotng and the covenaflt
and agreeEents hereLnafter set forth, the partles hereto agree as follows:
That Indenmltor wl11 lndennify and keep lndennlfled the Indennltee
and 1t9 offlcers, agents and employees and hold and aave Indemnitee and its
offlcers, agents and employees harnless frorn and agalnst any and all actlong
or cauaes of actlons, cLa1n6, demands, 11abl1ltles, loss, damage or expense
of whatsoever kind and nature Lncludlng attorneyts fees whlch Indennltee or
lts offLcere, agents or ernployees sha1l or Eay at any tlme sustaln or lncurr
by reason or Ln consequeuce of the Indemltee or ite offlcers, agents or
employees enterlng onto the Indemnltorrs streets as herelnbefore 6et forth,
or whlch Indemnltee or lts offlcers, agenta or euployees Eay austain or lncur
in connectlon wlth any lltlgatlon, lnvestlgatlon or other expendltures
lncldent to Bald servlce, lncluding any sult lnstltuted to enforce the
obligations of this agreement of indemnity, and Indemnitor will pay to
Indemnitee or its officers, agents or employees, or their heirs,
representat i ves , successors, and assigns, al1 sums of money which Indemnitee
or its officers, agents or employees shall pay or cause to be paid, or become
liable to pay on account of said service.
iN WITNESS IIHERE0F, the parties have hereunto set their hands and
seals the day and year first above written.
t.lHEELING TOI.INSHIP Indemni tor
BY:
BY:tll
Townshi p Highway Cormj ss i oner
VILLAGE 0F BUFFAL0 GR0VE, an
Illinois Municipal Corporation,
I ndemn i tee
Vi I Iage Manager
ATTEST:
Vi I lage Cl erk