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HomeMy WebLinkAbout95-243 Resolution No. 95-243 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN-FOX VALLEY KIWANIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Elgin-Fox Valley Kiwanis for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: November 8, 1995 Adopted: November 8, 1995 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk / AGREEMENT This agreement is made and entered into this day of WY. , 1995, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and the Elgin - Fox Valley Kiwanis, a Service Club Organization, (hereinafter referred to as "Kiwanis" ) . WHEREAS, the City has determined it to be in its best interests to enter into an agreement with Kiwanis 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 high- ways . 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 fol- lows: 1 . Definitions as used herein shall be those used at Illinois Compiled Statutes, 605 ILCS 120/10, (hereinafter re- ferred 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 two years after the execution date entered above. r 4 . Kiwanis 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 . Kiwanis shall provide ten days written notice, or notice as directed in writing by the director, to the director prior to any litter collection. 6 . Kiwanis 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 . Kiwanis 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 . Kiwanis shall maintain and made available a first-aid kit and adequate supply of drinking water for its members during each litter collection. 9 . Kiwanis 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 . Kiwanis 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 . Kiwanis shall conduct, through a group coordinator or designee, group safety meetings and shall require its members to receive safety training as directed by City. 2 r 12 . Kiwanis 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 direc- tives as may be provided by City. 13 . Kiwanis 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 . Kiwanis shall not allow any person under the age of thirteen ( 13) to participate in any litter collection. 15 . Kiwanis shall require each of its members to attend a safety meeting conducted by Kiwanis prior to any member participating in any litter collection. 16 . Kiwanis 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 Kiwanis . 18 . City shall erect a sign which shall conform to the requirements of Section 35 of the Act at each end of the adopted section, which signs shall display the name or acronym of Kiwanis. 19 . City shall provide bags to Kiwanis . 3 A 20 . City shall provide any safety apparel or signs to Kiwanis 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 oc- curred, 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 contained herein, or if City deter- mines that Kiwanis 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 representa- tions, 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 remainder of this agreement shall remain in full force and effect. 4 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 . 28 . Section Involved: Route 19, from Woodview Drive to Shales Parkway CITY OF ELGIIN//,� By City Manager Attest: Ci y Clerk (Seal) By4/e..-e..4.z.4,7 Kiwanis Its President Officer 5 APPLICATION FOR ADOPT-A-HIGHWAY PROGRAM Elgin - Fox Valley Kiwanis 10-03-95 Name of Organization Date 1124 Clover Hill Lane Mailing address Flgin, IL 60120 City, State, Zip Terry Gavin Group Coordinator 697-0104 931-0006 Day Phone Evening Phone Approximate number of people participating in each litter pickup 10-15 Highway section(s) you are interested in adopting: 1 . Route 19, from Woodview Drive to Shales Parkway 2. 3. eft Mail or take this form to: .City of Elgin Sponsoring Jurisdiction • r