HomeMy WebLinkAbout00-77 Resolution No . 00-77
RESOLUTION
AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH
JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC.
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
Jayne Shover Easter Seal Rehabilitation Center, Inc . for use
of certain city vans, a copy of which is attached hereto and
made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: March 22 , 2000
Adopted: March 22 , 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
I
VAN USE AGREEMENT
THIS AGREEMENT is made and entered into on this day of P1 4-2„ 2000, by and
between the Jayne Shover Easter Seal Rehabilitation Center, Inc., an Illinois not-for-profit
corporation(hereinafter referred to as "Center") and the CITY OF ELGIN, Illinois, a municipal
corporation, (hereinafter referred to as the "City").
WHEREAS, the City is the owner of a 1999 Dodge Ram 15 passenger van and a 1997 Dodge
Ram 15 passenger van (hereinafter referred to as "van"), which the Center desires to use for
occasional transportation of participants on filed trips; and
WHEREAS,the City is agreeable to such use by the Center, but only on the following terms and
conditions.
NOW,THEREFORE, for and in consideration of the mutual promises and covenants contained
herein,the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. The Center shall submit its request for each use of the van at least three (3) days prior to the
requested date of use and shall obtain written approval for such use from the City prior to such use.
2. The Center shall use the van only for the transportation of field trip participants and only
within a radius of 300 miles of City and shall return the van to City as directed by City.
3. The Center shall pay to City the sum of 30 cents per mile for its use of the van and shall submit
an invoice quarterly to City.
4. While in possession of the Center, the van shall be operated only by a licensed driver over 21
years of age and shall carry no more that 15 passengers for the 1999 van and 15 passengers for the
1997 van at a time, including the driver.
5. The Center shall be liable for any damage to the van incurred during Center's possession or
use of the van includinginsurance deductibles of$500 for collision damage, or $250 other than
g �
collision damage to the van or any of its parts while under loan to the Center.
6. To the fullest extent permitted by law, the Center shall release, defend, indemnify, and save
harmless the City, its directors, officers, and employees, from any and all claims of damages for the
death or injury of any person, and/or any and all property damage arising out of the use of the van
by the Center. In the event of any action against the City, its officers, employees, agents, boards or
commissions covered by the foregoing duty to defend, indemnify and save the City harmless, such
action shall be defended by counsel of the City's choosing.
7. The Center shall annually obtain an endorsement to its business automobile insurance policy
extending the coverage thereof to the liability for damages assumed by the Center under paragraph
6 of this agreement, and shall provide the City a certificate from the insurer of such liability
endorsement. This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance program afforded to the City. There shall be no endorsement or modification of this
insurance to make it excess over other available insurance, and alternatively, if the insurance states
that it is excess or prorata, it shall be endorsed to be primary with respect to the City.
8. This agreement may be terminated by either party hereto upon fourteen (14) days written
notice. Such termination shall not affect any obligation of the Center arising during the period of its
effectiveness.
9. This agreement shall not be deemed or construed to create an employment,joint venture,
partnership or other agency relationship between the parties hereto.
10. The Center shall use and operate the van in compliance with all requirements of law.
11. This agreement shall commence March 23, 2000 and shall terminate on December 31, 2000.
CIT ELGIN
By: (i(
Jo e A. arker
City Manager
Attest:
„ec,-
Dolonna Mecum
City Clerk
JAYNE SHOVER EASTER SEAL
REHABILITATIO ENTER., INC.
By: i
:ecky D sman
Its President
Attest:
Secretary