HomeMy WebLinkAboutRESOLUTIONS-2009-012-R-09•
2/9/2009
12-R-09
A RESOLUTION
Authorizing the Interim City Manager to Execute the
City of Evanston - Northwestern University Letter Agreement
for Road Salt (Sodium Chloride) Procurement
and Administration
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,
COOK COUNTY, ILLINOIS:
SECTION 1: That the Interim City Manager is hereby authorized and
directed to sign on behalf of the City of Evanston, the City of Evanston — Northwestern
University Letter Agreement for Road Salt (Sodium Chloride) Procurement and
Administration. Said Letter Agreement shall be in substantial conformity with the Letter
is Agreement marked as Exhibit A attached hereto and incorporated herein by reference.
SECTION 2: That the Interim City Manager is hereby authorized and
directed to negotiate any additional terms and conditions of the Letter Agreement as may
be determined to be in the best interests of the City.
SECTION 3: That this Resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law.
L j wine H. Morton, Mayor
Attest:
R dney Greene, City Plerk
+h t
• Adopted: !r I f� l , 2009
12-R-09
n
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EXHIBIT A
City of Evanston - Northwestern University Letter Agreement for
Road Salt (Sodium Chloride) Procurement
and Administration
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• City of Evanston —Northwestern Un iversity
]Letter Agreement for Road Salt (Sodium Chloride) Procurement
Northwestern University (hereinafter referred to as "NU") has been procuring road salt
front the City of Evanston (hereinafter referred to as "City") for many years for the
purpose of deicing Evanston Campus roads, walks and parking lots. The City has
historically taken into consideration NU's salt requirements when determining the
amount of salt to purchase each year. This letter agreement (the: "Agreement") formalizes
the long-standing arrangement for salt procurement between the City and NU.
1. Ordering: The City is solely responsible for ordering all salt with its awarded
supplier.
2. Record-Keepinz: The City will maintain records of all transactions between the
City and NU.
3. Sant Pick Liz NU shall pick up salt at the City's salt dome location at 2020 Asbury
Avenue, Evanston, IL, or any future location where the salt may be stored. NU
must provide the City 12-hour advance notice prior to picking; up the salt. The
City's loader operator stationed at the dome will load -:he NU salt hopper. If r_o
operator is on site, NU must contact the Streets &Sanitation Offices for loading.
4. Pricin =: The salt price under this Agreement is at the City's purchase price of the
salt plus a 10% adnninistration and handling fee that covers expenses related to
loading, record keeping, procurement, etc. No cost is transferred for the storage of
the salt. NU will pay a one-time lump sum of $93,000 to the City representing
NU's proportional share for renewal of existing storage .facility including recentl'-
completed repairs, or replacement of same.
5. Amount: NU is authorized to purchase up to 700 tons of road salt per year for the
tong of this Agreement. Upon agreement of the City, Nl. has the: option to request
and purchase additional road salt Cron the City at price established in Paragraph
(4).
G. Indemnity: NU hereby assumes liability for and agrees to protect, hold harmless
and indemnify the City and its elected officials, assigns, officers, directors.
employees, agents and servants from and against any and all liabilities,
obligations, losses, damages, penalties, judgments, settlements, claims, actions,
suits, proceedings, costs, expenses and disbursements., including legal tees and
expenses, of whatever kind and nature, imposed on., incurred by or asserted
against the City, its successors, assigns, officers, directors, employees, agents and
servants, in any way relating to or arising out of NU's i0 irchase or pick-up of the
road salt; except for injuries to persons or property arising; out. of the negligence or
• willful misconduct of the City.
7. Term: The term of this Agreement is retroactive fronn November 15, 2008 to
April 15. 2019, with both parties agreeing to review the administrative fee
established in Paragraph (4) after April 15, 2014.
8. Termination: This Agreement cannot be terminated without cause by either party
during the stated tenn of the Agreement. A part;i can only- tenninate the
Agreement upon 30 days written notice if the other party is in breach of the
Agreement. Should the City violate the terms of the agreement or terminate the
Agreement prior to its expiration, it will re -pay NU a portion of the $93,000
construction cost referenced in paragraph 4. The re -payment amount would be a
proportional share based on the year in which the cont-�.ct is terminated.
Gary O towicZ.0
Director, Facilities Management
Northwestern University
,,/o (0/ 0 9
Date'
City Manager
City of Evanston
Date
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