Loading...
HomeMy WebLinkAbout06-66 Resolution No. 06-66 RESOLUTION AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 Northern Illinois Special Recreation Association for van use for 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 22, 2006 Adopted: March 22, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk VAN USE AGREEMENT THIS AGREEMENT is made and entered into on this ...),?Airxiay of 2006, by and between the Northern Illinois Special Recreation Association, an Illinois not-for-profit corporation(hereinafter referred to as"NISRA") and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "City"). WHEREAS,the City is the owner of a 1997 Dodge Ram 15 passenger van, a 2000 Dodge Ram 15 passenger van and a 2002 29 passenger activity bus (hereinafter referred to as"Vehicles")which NISRA desires to use for occasional transportation of participants on field trips; and WHEREAS,the City has determined to be in its best interests to permit NISRA to use Vehicles pursuant to the terms and conditions provided for herein. 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. NISRA shall submit a written request for each requested use of any of the Vehicles at least seven(7)days prior to the requested date of use. 2. NISRA shall use any of the vehicles only for the transportation of field trip participants and only within a radius of 300 miles of City and shall return the Vehicles to City as directed by City. 3. NISRA shall replace the gas that is consumed during their use of any of the Vehicles. 4. While in possession of NISRA,any of the Vehicles 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, 15 passengers for the 1997 van and 29 passengers for the 2002 activity bus at a time, including the driver. All drivers of the 2002 bus shall posses a CDL with passenger/bus endorsement. 5. NISRA shall be liable for any damage to any of the Vehicles incurred during NISRA's possession or use of any of the Vehicles,including,but not limited to,insurance deductibles of$500 for collision damage, or$250 other than collision damage to any of the Vehicles or any of its parts while under loan to NISRA. 6. To the fullest extent permitted by law, NISRA 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 any of the vehicles by NISRA. 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. NISRA shall provide,pay for and maintain in effect during the term of this agreement and at all times during the use of any of the subject Vehicles,comprehensive business automobile liability insurance covering any of the subject Vehicles 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 Three Million Dollars. Within thirty(30) days of the execution of this Agreement, and prior to any usage of the subject vehicles by NISRA, NISRA 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 NISRA 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. NISRA shall use and operate any of the Vehicles 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 Court of Kane County, Illinois. 12. This agreement shall commence March 23, 2006. This agreement shall terminate on December 31, 2006. CIT fro ELGIN By: kil% • Olufemi Folla ' City Manag- Attest: Dolonna Mecum City Clerk No Illinois . - : Recreation Association B.. r. , . . : B ' Shahi 'an It's Executive Director Attest: Secretary F:Recreation\PSA Agreements\NISRA\Van Use Agreement 2006(revised).doc oF e4 City of Elgin Agenda Item No. G- 400- ("44ripo% - t G March 3, 2006 N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC,CI.JLTURAL OF`PORTWNITIE, FOR At C ITITENS FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Rec eation Director SUBJECT: Northern Illinois Special Recreation Association Reciprocal Van Use Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a reciprocal Van Use Agreement with Northern Illinois Special Recreation Association. RECOMMENDATION It is recommended that the City Council approve the 2006 Van Use Agreement with Northern Illinois Special Recreation Association. BACKGROUND In October 2005, the City of Elgin became a member agency of Northern Illinois Special Recreation Association (NISRA). NISRA offers recreational opportunities for individuals with disabilities. NISRA also provides assistance, training and resources for staff to mainstream individuals into regular programming. NISRA has requested, as part of this relationship, to have permission to utilize the Recreation Department's vehicles when available. The City, under its agreement with NISRA, has the ability to utilize NISRA's vehicle when they are not being used. Prior to the City's partnership with NISRA, Easter Seals Jayne Shover provided recreational opportunities to individuals with disabilities. On a yearly basis, the City would enter into a Van Use Agreement with Jayne Shover allowing that organization to have use of the Recreation Department vehicles to assist with program transportation. This relationship worked very well. As outlined in the agreement, NISRA must reserve the vehicles at least seven days in advance, travel no further than a 300 mile radius of the City, and replace the gas that is consumed during their use of the vehicles. While in possession of NISRA, the vehicles shall be operated only by a licensed driver over 21 years of age. NISRA shall be liable for any damage incurred to the vehicles while in their possession. NISRA shall provide for and maintain during the term of the agreement comprehensive automobile liability insurance with limits of not less than one million b, Northern Illinois Special Recreation Association Van Use Agreement 40.24 March 3, 2006 Page 2 dollars per occurrence for bodily injury, not less than one million dollars per occurrence for damage to property and excess coverage for bodily injury/or damage to property of not less than three million dollars. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. # ri , FINANCIAL IMPACT There is no fee proposed for either NISRA or the City of Elgin regarding this Van Use Agreement. Vvv.LEGAL IMPACT None. • ALTERNATIVES Ow 1. Approve the 2006 Van Use Agreement with Northern Illinois Special Recreation Association. • 2. Do not approve the 2006 Van Use Agreement with Northern Illinois Special Recreation Association. Respectfully submitted for Council consideration. mc onb.