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HomeMy WebLinkAbout01-120 Resolution No. 01-120 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNITED BROTHERHOOD OF CARPENTERS LOCAL 363 (Adopt-a-Highway Program) 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 United Brotherhood of Carpenters Local 363 for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: May 9, 2001 Adopted: May 9, 2001 Omnibus Vote : Yeas 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This agreement is made and entered into this /h9(.- day of , 2004, by and between the City of Elgin, Illinois, a munic pal corporation (hereinafter referred to as "City" ) , and the United Brotherhood of Carpenters Local 363, an Illinois not-for- profit labor organization. WHEREAS, the City has determined it to be in its best interests to enter into an agreement with the United Brotherhood of Carpenters Local 363 pursuant to Illinois Compiled Statues, 605 ILCS 120/1, et seq. , as amended, commonly known as the Illinois Adopt-A-Highway Act (hereinafter referred to as the "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 as used at 605 ILCS 120/10, as amended. 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. 4 . United Brotherhood of Carpenters Local 363 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 . 1 5. The United Brotherhood of Carpenters Local 363 shall provide ten days written notice, or notice as directed in writing by the director, to the Director prior to any litter collection. 6. The United Brotherhood of Carpenters Local 363 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 . The United Brotherhood of Carpenters Local 363 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 . The United Brotherhood of Carpenters Local 363 shall maintain and make available a first-aid kit and adequate supply of drinking water for its members during litter collection. 9. The United Brotherhood of Carpenters Local 363 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 . The United Brotherhood of Carpenters Local 363 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 . The United Brotherhood of Carpenters Local 363 shall conduct, through a group coordinator or designee, group safety meetings and shall require its members to receive safety training as directed by City. 12 . The United Brotherhood of Carpenters Local 363 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 . The United Brotherhood of Carpenters Local 363 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 2 are present on an adopted section at any time. 14 . The United Brotherhood of Carpenters Local 363 shall not allow any person under the age of thirteen (13) to participate in any litter collection. 15 . The United Brotherhood of Carpenters Local 363 shall require each of its members to attend a safety meeting conducted by the City prior to any member participating in any litter collection. 16. The United Brotherhood of Carpenters Local 363 shall to the fullest extent permitted by law indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney' s fees, damages or other relief arising out of or in any way connected with the existence of or the performance of this agreement or any action or inaction by the United Brotherhood of Carpenters Local 363 or its agents, volunteers, officers and employees. Nothing herein affects the United Brotherhood of Carpenters Local 363' s duty to defend the City. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City' s choosing. The United Brotherhood of Carpenters Local 363 also agrees to hold the State of Illinois, its agents or employees harmless from any and all claims or actions resulting from this program. 17 . City shall determine the specific section of right-of-way which shall be adopted by the United Brotherhood of Carpenters Local 363 . 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 United Brotherhood of Carpenters Local 363. 19 . City shall provide garbage bags to the United Brotherhood 3 of Carpenters Local 363 . 20. City shall provide any safety apparel or signs to the United Brotherhood of Carpenters Local 363 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 contained herein, or if City determines that the United Brotherhood of Carpenters Local 363' s 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 . This agreement and any and all documents it incorporates constitutes the entire agreement between the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. 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 . 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 . Venue for resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 4 28 . Section Involved: Route 58 - Hiawatha St. to Shales Parkway. CITY OF; LGIN BY C� Ciy Manager ;test: i City Clerk (Seal) By ZeWlj'/ / i1/ Its g.,Cff. `1• C L sfl/44, Officer Attachment: Adopt-A-Highway Determination of Adoptability Form (Exhibit A) 5 ( --...-- �;��OF E�Ci '' Agenda Item No. 047 - 1 City of Elgin 1 b�'ATEDEE� �� t. _ 1= 1- April 16, 2001 kx _p1 ,t N - , TO: Mayor and Members of the City Council NEIGHBORHOOD VITALITY FROM: Joyce A. Parker, City Manager SUBJECT: Adopt-A-Highway Agreements with IDOT, City of Elgin and the United Brotherhood of Carpenters Local 363 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorizing the United Brotherhood of Carpenters Local 363 to adopt a section of State highway in Elgin, under the sponsoring jurisdiction of the City of Elgin. eft' BACKGROUND The State of Illinois passed legislation in September 1992 commonly known as the Illinois Adopt-A-Highway Act . This program provides private citizens with an opportunity to support local anti-litter efforts by allowing groups to adopt a section of highway for the purpose of litter collection. The United Brotherhood of Carpenters Local 363 has proposed adopting a section of road along Route 58, from Hiawatha, east to Shales Parkway. Since it' s inception, our local Adopt-A-Highway program has had a positive impact on the appearance of our busiest roadsides in Elgin. There are currently ten service groups participating in the City of Elgin' s program. Each group is required to perform a minimum of four clean-up' s per year. Attached is an activity summary for 2000 . The City will be obligated to install signs at each end of the adopted section with the name of the group displayed. The City will provide trash bags, safety vests and safety training. Any trash collected will be picked up by the City' s solid waste contractor, Waste Management, as needed. elw . . rib- Adopt-A-Highway Agreement April 16, 2001 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED United Brotherhood of Carpenters Local 363 . (Tik FINANCIAL IMPACT The estimated cost to include an additional group in the program is $500 per year. Sufficient funds are available and would be charged to account numbers 010-3321-753 . 19-08 (Traffic Control) for two signs and 010-3331-754 . 33-02 (Refuse Services) for disposal . EGAL IMPACT Both agreements have been reviewed and approved by Legal . ALTERNATIVES The City could choose to either discontinue the program, or assign a different section of roadway to the United Brotherhood of Carpenters Local 363 . RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute the Adopt-A-Highway agreement between the City and IDOT, as well as for the City Manager to execute the agreement between the City and the United Brotherhood of Carpenters Local 363 . R spectfully submitted, a .. J yce A. Parker City Manager TP Attachments r rk • City of Elgin ,• 2000 Ad City Program VSummary GROUP SECTION OF ROADWAY AGREEMENT 2000 PERIOD CLEAN-UP'S1 ABODE Rt . 31 : Locust St . 4/99-4/03 3 to Rt . 20 By-Pass Alpha Delta Rt . 25 : Congdon Ave. 10/98-10/02 4 Kappa To Rt . 58 Blue Knights Route 31 : Rt . 20 By- 8/93-6/02 5 Pass to S . City Limits Elgin A.M. Rt . 25 : 4/94-9/02 2 Rotary Club Brandt to Congdon Ave. F Elgin Baha'i Rt . 31 : I-90 to Soo 8/93-6/02 2 Community Railroad Elgin Rt . 31 : 3/00-3/04 12 Hispanic I-90 north to City Network Limits Elgin Jaycees Rt . 58 : 10/98-10/02 4 Liberty to Hiawatha Elgin Jr. Rt . 31 : 5/98-5/02 2 Women's Club Kimball to Chicago Morning Rt . 19 : 11/95-6/02 13 Kiwanis Woodview to Shales Pkwy Noon Kiwanis Rt . 31 : 7/94-8/02 3 Soo Railroad to Kimball TOTAL CLEAN-UPS 27 eilk 1 . Figures are based on the total number of clean-up' s that were reported to Staff . These numbers have been verified by each group. 2 . Group did not receive required training until late August 2000 . 3 . Road construction prohibited clean-up' s from being performed on this section of roadway for most of the year. G:\City Wide Shared\cowmemo\cowmemo.01\apri125\Adopt_A Hwy_agreement.wpd January 4, 2001 r