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HomeMy WebLinkAbout03-59 w Resolution No. 03-59 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 Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Van Use 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/ Ed Schock Ed Schock, Mayor Presented: February 26 , 2003 Adopted: February 26, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk VAN USE AGREEMENT THIS AGREEMENT is made and entered into on this /flit-day of mr4&6A , 2003,by and between the Easter Seals Jayne Shover 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 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 q ppthe City priorto 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 36 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. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 7. The Center shall provide,pay for and maintain in effect during the term of this agreement and at all times during the use of the subject van comprehensive business automobile liability insurance covering the subject van and all drivers thereof written in occurrence form providing coverage for the liability for any and all of the claims and/or damages assumed by the Center under paragraph 6 of this agreement and providing coverage for comprehensive automobile liability insurance with limits of not less than One Million Dollars per occurrence for bodily injury, not less than One Million Dollars per occurrence for damage to property and excess coverage for bodily injury and/or damage to property of not less than Five Million Dollars. Within thirty(30) days of the execution of this Agreement,and prior to any usage of the subject van by the Center,the Center shall provide the City with a certificate of insurance in a form which is acceptable to the City naming the City as a primary non-contributing co-insured on the insurance referred to in this paragraph. This insurance shall apply as primary insurance in 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 pro rata,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 be subject to and governed by the laws of the state of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Cort of Kane County, Illinois. 12. This agreement shall commence February 12, 2003 and shall terminate on December 31, 2003. CITY OF ELGIN By: k Olufemi Fo •n ' Interi Ci Attest: Dolonna Mecum City Clerk EASTER SEALS JAYNE SHOVER CENTER, INC. By: N 1 It's President Attest: Secretary