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Home My WebLink About02-23 v , Resolution No. 02-23 RESOLUTION AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH EASTER SEALS JAYNE SHOVER 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 Easter Seals Jayne Shover Center, Inc . for use of certain city vans, a copy of which is attached hereto and made a part hereof by reference . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 23 , 2002 Adopted: January 23 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . , VAN USE AGREEMENT THIS AGREEMENT is made and entered into on this Qyikday of 1l, 2002, by and between the Easter Seals Jayne Shover Center, Inc., an Illinois not-for- rofit corp6ration (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 field 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 34.5 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 including insurance deductibles of$500 for collision damage, or $250 other than 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 written in occurrence form in at least the following dollar amount: (1) For comprehensive liability$1 million aggregate for bodily injury;and$1 million aggregate for property damage; and (2) Comprehensive automobile liability with limits of not less than $500,000 per occurrence for damage to property, 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 23,2002 and shall terminate on December 31,2002. CITY OF ELGIN By: 3 oy� C�►.. s��s Joyce A� Parker City Manager Attest: Dolonna Mecum City Clerk EASTER SEALS JAYNE SHOVER CENTER., INC ?s By: 4 C� :ecky Dausan Its President Attest: Secretary \'��OF etC� City of Elgin � Agenda Item No. Ek L es. January 4 , 2002 I . .: N . -- . TO: Mayor and Members of the City Council RI CREATIONAL LEISURE ANC,CULTURAL OPFOR TUNITIES FOR ALL CITIZENS FROM: Joyce A. Parker, City Manager SUBJECT: Easter Seals Jayne Shover Center 2002 Purchase of Service Agreement/Van Use Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the 2002 Easter Seals Jayne Shover Center Purchase of Service Agreement and Van Use Agreement . BACKGROUND Since 1984 , the City has worked with the Easter Seals Jayne Shover Center to provide quality recreation programs open to individuals of all ages with all types of disabilities . Easter Seals Jayne Shover offers special year-round activities . Also, since 1994 the City has established a separate Van Use Agreement with Easter Seals Jayne Shover Center which grants the staff of the Easter Seals Jayne Shover Center authority to drive the Parks and Recreation van in needed situations . Throughout the year, the Easter Seals Jayne Shover Center offers exercise classes, a bowling league, swim lessons, family swim time, and Special Olympic training and competition in many individual and team sports . Trips to concerts, zoos, and restaurants are among some of the most popular programs offered. Easter Seals Jayne Shover has approximately 600 Elgin participants in their programs on a yearly basis . They provide service to citizens with special needs more efficiently and effectively than could be provided by the Parks and Recreation Department . Payment is requested by the Easter Seals Jayne Shover Center at the end of each session of programs . The Center submits an invoice quarterly to the City. These requests are presented per program and detail the breakdown of program costs, transportation costs, supply costs, etc . Payment is then made based on the percentage of Elgin participants . Attached is a copy of a program request form. The Center also is charged 34 . 5 cents per mile for use of the van. K Easter Seals Jayne Shover Center PSA January 4 , 2002 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. dill-- FINANCIAL IMPACT Sufficient funds exist in the 2002 Budget, Miscellaneous Services account number 296-5012-762 . 45-99 Recreation Fund, $20, 000, and account number 275-0000-791 . 80-34 Riverboat Fund, $14 , 000 , to cover the $34 , 000 expense . WY11}EGAL IMPACT None. ALTERNATIVES The City Council could approve the agreement as drafted, edit the agreement or decline to provide support to the Easter Seals Jayne Shover Center. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the Easter Seals Jayne Shover Center 2001 Purchase of Service Agreement to provide $34, 000 towards special recreation services and to approve the 2002 Van Use Agreement . Respectfully submitted, eltilLQX... 3.SI�<S Joyce\A. Parker City Manager kb Attachments