HomeMy WebLinkAbout97-53 Resolution No. 97-53
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 Robert O. Malm, Interim 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 a city van, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 26 , 1997
Adopted: February 26 , 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
VAN USE AGREEMENT
T IS AGREEMENT is made and entered into on this day
of 1997, by and between the Jayne Shover Eas er Seal
Rehabilita on Center, Inc. , an Illinois not-for-profit
corporatio (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 1990 Dodge Ram 12
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
to the requested van at least three ( 3) days prior 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 than 12 passengers 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 . 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.
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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.
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 commence February 27, 1997 and
shall terminate on December 31, 1997 .
CI LGIN
By
Rob . Malm
Interim City Manager
Attest:
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Dolonna Mec
City Clerk
JAYNE SHOVER EASTER SEAL
REHABILITATION CENTER, INC.
B
Peggy u terties
Its President
Attest:
Secretary
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