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HomeMy WebLinkAbout98-199 Resolution No. 98-199 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN BREAKFAST ROTARY CLUB BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Breakfast Rotary Club 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: August 26, 1998 Adopted: August 26, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: a/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This agreement is made and entered into this / ay 14of , 1998, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and the Elgin Breakfast Rotary Club, a Service Club Organization, (hereinafter referred to as "Rotary" ) . WHEREAS, the City has determined it to be in its best interests to enter into an agreement with Rotary 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 four years after the execution date entered above. i. -1)1) Of' cit k ' '6 -0 „, 2 4 . Rotary shall collect litter a ong an adopted section as defined in the Act no less tha fAur imes in each twelve month period, or as directed by the director, as defined by the Act. 5 . Rotary shall provide ten days written notice, or notice as directed in writing by the director, to the director prior to any litter collection. 6 . Rotary 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 . Rotary 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 . Rotary shall maintain and made available a first-aid kit and adequate supply of drinking water for its members during each litter collection. 9 . Rotary 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 . Rotary 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. Rotary 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 12 . Rotary shall obey and abide by all laws, regula- tions 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 . Rotary 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 . Rotary shall not allow any person under the age of thirteen ( 13) to participate in any litter collection. 15 . Rotary shall require each of its members to attend a safety meeting conducted by Rotary prior to any member participating in any litter collection. 16 . Rotary 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 Rotary. 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 Rotary. 19 . City shall provide bags to Rotary. 3 20 . City shall provide any safety apparel or signs to Rotary 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 Rotary 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 25, from Brandt Drive to Congdon Avenue. CIT • ELGIN BY //- A Cry M ager Attest: City Clerk (Seal) 1 By /• Rotary Its Officer MDM0014 .H/TEXT071/ADPTAHGH.WY 5 , 2116 Rose Court Schaumburg, Il. 60194 September 15, 1998 Mr. Gary W. Miller Assistant Public Works Director City of Elgin 150 Dexter Court Elgin, Il. 60120-5555 Dear Gary: Please find enclosed, herewith, the signed agreement between the City of Elgin �g and the Elgin Breakfast Rotary Club as it pertains to the Adopt A Highway Program. � - Please note on Page 2, the correction made under agreement#4. I changed K- 4 times to 2 times for the recommended number of litter collections. This is b b e consistent with what the Elgin Breakfast Rotary Club has been doing in past '( i r -67(7( years. ��( (T t) C If you have any questions regarding this agreement please do not hesitate to Gfr?'/o call me at my office 847/888-8600. Thank you. ; tll:41(!9t Sincerely, a.„,...i ,.. .„.,,, ,_.,,,t. Dwain K. Tataryn President ELGIN BREAKFAST ROTARY CLUB enc DKT/CDT ql-,Euittycz cia, .., ' i99 3 CITY OF ELGIN ,ni 1^ lAlomm J • F EtC ?i ,i, , Agenda Item No. `� . . City of Elgin 9 o 6.»., , qP 0011111/4 4'11'00' August 3 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Adopt-A-Highway Agreement Renewals With: Elgin Breakfast Rotary Club & Noon Kiwanis Club PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider authorizing the renewal of two more agreements with community organizations who adopted sections of state highway in Elgin, under the sponsoring jurisdiction of the City of Elgin. BACKGROUND The State of Illinois passed legislation dated September 16 , 1992 entitled the Illinois Adopt-A-Highway Act . This program allows private citizens to support local anti-litter efforts by allowing groups to adopt a section of highway for the purpose of litter collection. These two agreements expire soon and the organizations are interested in renewing them (refer to attached summary sheet) . Revised agreements between the City and the Elgin Breakfast Rotary Club and the Elgin Noon Kiwanis Club are attached for your consideration. The revised agreements extend each commit- ment another four years . Aside from the changes reflected in the terms, the agreements are substantially the same as the previous ones . An agreement with IDOT was originally required and is still in place . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Breakfast Rotary Club, Noon Kiwanis and IDOT. (0- . ,,F'INANCIAL IMPACT The estimated cost for each adopted route is $500 per year. Funds are available and will be charged to account number 010-3331-754 . 33-02, Refuse Services, for litter disposal . _ _ LEGAL IMPACT rsd None . Adopt-A-Highway Agreement Renewals August 3, 1998 , � Page 2 ' ALTERNATIVES Do not extend the agreements. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the revised four-year agreements between the City and the Elgin Breakfast Rotary Club and the Elgin Noon Kiwanis Club. Res.ectfully submi ed, J4 e A. Parker City Manager GWM/do Attachments t 1 *.i'j • CITY OF ELGIN a ADOPT-A-HIGHWAY VIII , PROGRAM _ No Longer Active _No Longer Active Now Activated GROUP BLUE BANA'I ELGIN A.M. ZONTA CLUB NOON ELGIN HARLEY MORNING 33RD SENATE ELGIN ELGIN JR. s NAME KNIGHTS COMM. ROTARY CLUB OF ELGIN KIWANIS OWNERS GROUP KIWANI3 , DISTRICT OFFICE JAYCEE'S WOMAN!CLUB CONTACT TERRY GAVIN PHONE N ED UP AND BARB TRESS BILL DIAMOND DOLORES ZIMMERMAN DAN ZACK ALICE KRAMER 707 A Davis Road We) KEVIN BURKE LAUREL LICHTHARDT AMELIA ANDRESEN 695-975 7424692 931-1606 742-2411 931-0080 897-0104 822-1049 830-924-2591 742-0412 ADDRESS 105 S.LYLE AVE 1170 Bellevue 45 BUNKER HILL AVE. 495 N.Worth 619 E.Chicago St. 1124 Clover HI Ln. 1112 South St. P.O.Box 891 862 SMLr E.P.D. 83,ELOIN,IL 60123 Elgin,1160120 S.ELGIN,IL 60177 ELGIN,IL 60123 ELGIN,IL 80120 Elgin,II 80120 Elgin,180123 , Elgin,II80121 Elgin,8.60123 SECTION ROUTE 31-20 ROUTE 31-190 ROUTE 25- ROUTE 58- ROUTE 31- ROUTE 19- ROUTE 19- ROUTE 31- ROUTE 58- Route 31 BY PASS TO TO SOO R.R. BRANDT TO HIAWATHA TO SOO R.R.TO LIBERTY TO WOODVIEW TO 190 TO UBERTY TO Klmbal To S.CITY LIMITS CONGDON E.CITY LIMITS KIMBALL WOODVIEW SHALES PARKWAY N.CITY LIMITS HIAWATHA Chicago DATE REQUESTED 7.13 9-'93 2-94 1=94 5-94 3-'95 7-95 2.98 7-96 1-'98 CITY 8-113/06-02 8-19/06.102 4-94/8-98 8-'9418-'98 7-194/8-18 5-'95/5•'97 11-'95/08-'02 8-1)61 6-'00 10-'96/10-'00 5-'98/5-'02 PERIOD IDOT 8-13 10-93 1-14 8.94 7-94 5-'95 11.95 8-'96 10:98 5'98 PERIOD TRAINING 1 DATE 2-1-94 4-25-94 5-26-94 8-23-94 9-27-94 7-25-95 10-3-95 5-7.97 I OF - BAGS 50 155 130 60 275 180 130 35 — MOF VEST3 13 13 15 15 21 30 20 12 , DATES COLLECTED _ 1 4-24-94 5-22-94 9-18-94 10-23-94 11$94 9-24-95 5-5-98 10-25-98 07-20-97 5 Bags _ 12 Bags 5 Bags 5 Bags 28 Bags 28 Bags 32 Bags Never Activated 3 Bags 2 6-26-94 7-10-94 4-23-95 5-21-95 4-2-95 11-05-95 8-18-98 9-2697 2 Bags 13 Bags 3 Bags 7 Bags 20 Bags 15 Bags 13 Bags 2 Bags 3 9-18-94 8-28-94 9-10-95 611-95 7-16-95 4-14-98 4-06-97 2 Begs 15 Bags 1 Bag 7 Bags _ 10 Bags 24 Bags _ 23 Bags — 4 11-06-94 10.23-994 4-28-96QQ8-20-959.24-9x10.1B 5 8-11-988 07-20.97 Bags 2 Bags — 5 4-23.05 _ 5-07a 95 9-22a96 10-22-95 12-03-95 1T030-98 117 3 Bags 40 Bags 9 Bags 8 Bags 21 Bags 14 Bagf 10 Bags , 8 6-04-95 6-25-95 4-27-97 8-02-96 4-1498 12-08-98 4-1698 2 Bags 3 Bags 20 Bags 12 Bags 23 Bags B Bags - 13 Bags 7 8-06-95 8-06-95 10-05-97 5-17-97 7-21-98 03-23-97 7-2696 2 Begs 6 Bags 6 Bags 6 Bags 14 Bags 12 Bags - 8 10-08-95 10-15-95 4-26-98 5-1697 10-6-96 5-25-97 2 Bags 6 Bags 10 Bags No Longer Active 19 Bags 10 Bags _ 9 4-21-96 51696 413-97 9-2l-97 4 Bags 6 Bps 6 Bags 10 Bags _ 10 6-09-96 6-30-96 7-13-97 11-16-97 0 Bags S Bags 8 Bags 5 Bags 11 8-11-96 - 9-22-96 10-12-97 4-23-98 l 2 Bags 7 Bags 6 Bags No Longer Active 12 10-13-96 10-26-96 5-3-98 2 Bags 9 Bags 13 Bags _ 13 5.4-97 5-17-97 2 Bags 33 Bags 14 6-29-97 6-21-97 1 Bag 7 Bags 15 9-7-97 08/17/17 2 Bags 6 Bags 16 10.12-97 10-12-97 2 Baas /3 Bags , 17 419-98 5-16-98 2 Bags 11 Bags 16 6-21-98 2 Bags 19 20 21 22 9 ADPTI4WAY WB2