HomeMy WebLinkAbout93-197 Resolution No. 93-197
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BLUE KNIGHTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with the
Blue Knights for the adopt-a-highway program, a copy of which
is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: July 28, 1993
Adopted: July 28, 1993
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
M•
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AGREEMENT
This agreement is made and entered into this Sift"
day of Art1Wrr , 1993, by and between the City of
Elgin, Illinois, a municipal corporation (hereinafter referred
to as "City") , and the Blue Knights, a Fj?igTj1?if/1 6k0'/$07,44(
(hereinafter referred to as "Knights" ) .
WHEREAS, the City has determined it to be in its
best interests to enter into an agreement with Knights,
pursuant to Illinois Compiled Statutes, 605 ILCS 120/1 , et
seq. , commonly known as the Illinois Adopt-a-Highway Act; and
WHEREAS, the City has determined it to be in the
best interest of its citizens to maintain clean and attractive
highways .
NOW, THEREFORE, for and in consideration of the
mutual promises and covenants contained herein, the
sufficiency of which is hereby acknowledged, the parties
hereto agree as follows :
1 . Definitions as used herein shall be those used
at Illinois Compiled Statutes, 605 ILCS 120/10, (hereinafter
referred to as "Act" ) .
2 . This agreement is made and entered into pursuant
to the terms of the Act. In the event of any omissions or
ambiguity of any of the provisions of this agreement, the
terms of the Act shall apply.
3. This agreement shall terminate on [ insert date
two years after execution date] .
4 . Knights shall collect litter along an adopted
section as defined in the Act no less than four times in each
twelve month period, or as directed by the director, as
defined by the Act.
5 . Knights shall provide ten days written notice,
or notice as directed in writing by the director, to the
director prior to any litter collection.
6 . Knights shall require, and hereby agree, that
each of their members shall wear, in its intended manner, any
safety apparel provided by City while collecting litter.
7 . Knights shall prohibit, and shall be responsible
for failure to prohibit, its members from possessing,
consuming or being under the influence of alcohol or any drugs
while on an adopted section.
8 . Knights shall maintain and make available a
first-aid kit and adequate supply of drinking water for its
members during each litter collection.
9 . Knights shall not subcontract or otherwise
assign or delegate its responsibilities or duties pursuant
hereto, to any other group or person or permit any other group
or person to perform such responsibilities or duties .
10. Knights shall place all collected litter in
bags provided by City, and shall place filled bags at a
location on the adopted section as designated by the director.
11 . Knights shall conduct, through a group
coordinator or designee, group safety meetings and shall
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require its members to receive safety training as directed by
City.
12 . Knights shall obey and abide by all laws,
regulations and ordinances, including, but not limited to,
those relating to safety, and shall adhere to all other safety
directives as may be provided by City.
13 . Knights shall provide at least one supervisor no
less than twenty-one (21) years of age for each five (5)
persons under the age of eighteen ( 18) who are present on an
adopted section at any time.
14 . Knights shall not allow any person under the age
of thirteen ( 13) to participate in any litter collection.
15 . Knights shall require each of its members to
attend a safety meeting conducted by Knights prior to any
member participating in any litter collection.
16 . Knights shall hold harmless and indemnify the
City, its agents, employees and assigns from and against any
and all claims for damages, causes of action, suits, or any
other liability resulting from or arising out of the
performance of this agreement, specifically including, but not
limited to, any such claims for damages, causes of action,
suits or any other liability resulting from any negligent acts
or omissions by City, its agents, employees or assigns .
17 . City shall determine the specific section of
right-of-way which shall be adopted by Knights .
18 . City shall erect a sign which shall conform to
the requirements of Section 35 of the Act at each end of the
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adopted section, which signs shall display the name or acronym
of Knights .
19 . City shall provide bags to Knights .
20 . City shall provide any safety apparel or signs
to Knights which City may deem necessary or desirable within
its sole discretion.
21 . City shall remove filled bags from the adopted
section as soon as practical after litter collection has
occurred, and shall otherwise remove litter from any adopted
section only under circumstances involving unusually large,
heavy or hazardous items .
22 . City may terminate this agreement in the event
of a breach of any of the terms contains herein, or if City
determines that Knights ' involvement in this agreement is
inconsistent with any restrictions or limitations established
by City, upon written notice.
23 . This agreement represents the entire agreement
between the parties hereto. No oral representations,
promises, terms or agreements have been made, and any such
representations, promises, terms or agreements shall be of no
force and effect.
24 . If any of the terms of this agreement conflict
with any of the terms of any other written agreement between
the parties hereto, the terms of this agreement shall apply.
25. The terms of this agreement shall be considered
severable. If any of the terms or provisions contained herein
are found to be void, illegal or otherwise unenforceable, the
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remainder of this agreement shall remain in full force and
effect.
26 . This agreement shall not be deemed to constitute
an employment relationship, joint venture or partnership
between the parties hereto.
27 . The agreement shall be subject to and governed
by the laws of the state of Illinois .
CITY OF ELGI ►
By / ./
City Man e
Attest..-t,
C Ly Clerk (SEAL)
BLUE KNIGHTS
By
Its _z
Its /
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