95-241 Resolution No. 95-241
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BLUE KNIGHTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, 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 Blue Knights for the adopt-a-highway program, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: November 8, 1995
Adopted: November 8, 1995
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
/3
AGREEMENT
This agreement is made and entered into this 9-141, day
of 00', , 1995, by and between the City of Elgin, Illinois,
a municipal corporation (hereinafter referred to as "City" ) , and
the Blue Knights, a Fraternal Organization, (hereinafter
referred to as "Knights" ) .
WHEREAS, the City has determined it to be in its best
interests to enter into an agreement with Knights pursuant to
Illinois Compiled Statutes, 605 ILCS 120/1, et seq. , commonly
known as the Illinois Adopt-a-Highway Act; and
WHEREAS, the City has determined it to be in the best
interest of its citizens to maintain clean and attractive high-
ways .
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties hereto agree as fol-
lows :
1 . Definitions as used herein shall be those used at
Illinois Compiled Statutes, 605 ILCS 120/10, (hereinafter re-
ferred to as "Act" ) .
2 . This agreement is made and entered into pursuant
to the terms of the Act. In the event of any omissions or
ambiguity of any of the provisions of this agreement, the terms
of the Act shall apply.
3. This agreement shall terminate two years after the
execution date entered above.
4 . Knights shall collect litter along an adopted
section as defined in the Act no less than four times in each
twelve month period, or as directed by the director, as defined
by the Act.
5 . Knights shall provide ten days written notice, or
notice as directed in writing by the director, to the director
prior to any litter collection.
6 . Knights shall require, and hereby agree, that each
of their members shall wear, in its intended manner, any safety
apparel provided by City while collecting litter.
7 . Knights shall prohibit, and shall be responsible
for failure to prohibit, its members from possessing, consuming
or being under the influence of alcohol or any drugs while on an
adopted section.
8 . Knights shall maintain and made available a
first-aid kit and adequate supply of drinking water for its
members during each litter collection.
9 . Knights shall not subcontract or otherwise assign
or delegate its responsibilities or duties pursuant hereto, to
any other group or person or permit any other group or person to
perform such responsibilities or duties.
10 . Knights shall place all collected litter in bags
provided by City, and shall place filled bags at a location on
the adopted section as designated by the director.
11 . Knights shall conduct, through a group coordinator
or designee, group safety meetings and shall require its members
to receive safety training as directed by City.
2
12 . Knights shall obey and abide by all laws,
regulations and ordinances, including, but not limited to, those
relating to safety, and shall adhere to all other safety direc-
tives as may be provided by City.
13 . Knights shall provide at least one supervisor no
less than twenty-one (21) years of age for each five (5) persons
under the age of eighteen ( 18) who are present on an adopted
section at any time.
14 . Knights shall not allow any person under the age
of thirteen ( 13) to participate in any litter collection.
15. Knights shall require each of its members to
attend a safety meeting conducted by Knights prior to any member
participating in any litter collection.
16. Knights shall hold harmless and indemnify the
City, its agents, employees and assigns from and against any and
all claims for damages, causes of action, suits, or any other
liability resulting from or arising out of the performance of
this agreement, specifically including, but not limited to, any
such claims for damages, causes of action, suits or any other
liability resulting from any negligent acts or omissions by
City, its agents, employees or assigns .
17 . City shall determine the specific section of
right-of-way which shall be adopted by Knights .
18. City shall erect a sign which shall conform to the
requirements of Section 35 of the Act at each end of the adopted
section, which signs shall display the name or acronym of
Knights .
19 . City shall provide bags to Knights .
3
20 . City shall provide any safety apparel or signs to
Knights which City may deem necessary or desirable within its
sole discretion.
21. City shall remove filled bags from the adopted
section as soon as practical after litter collection has oc-
curred, and shall otherwise remove litter from any adopted
section only under circumstances involving unusually large,
heavy or hazardous items .
22 . City may terminate this agreement in the event of
a breach of any of the terms contained herein, or if City deter-
mines that Knights involvement in this agreement is inconsistent
with any restrictions or limitations established by City, upon
written notice.
23. This agreement represents the entire agreement
between the parties hereto. No oral representations, promises,
terms or agreements have been made, and any such representa-
tions, promises, terms or agreements shall be of no force and
effect.
24 . If any of the terms of this agreement conflict
with any of the terms of any other written agreement between the
parties hereto, the terms of this agreement shall apply.
25. The terms of this agreement shall be considered
severable. If any of the terms or provisions contained herein
are found to be void, illegal or otherwise unenforceable, the
remainder of this agreement shall remain in full force and
effect.
4
26 . This agreement shall not be deemed to constitute
an employment relationship, joint venture or partnership between
the parties hereto.
27 . The agreement shall be subject to and governed by
the laws of the State of Illinois .
28. Section Involved: Route 31, from Route 20 By-Pass
to southerly City Limits .
CITY OF ELGIN
By � . 0 4
City Manager 1
Attest:
City Clerk (Seal)
By
Blue Knights
s President
Officer
5
. . R
Elm
/q,„,,
El-al
Agenda Item No . 0
- ,A-..,..1
October 11, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Adopt-A-Highway Agreement Renewal
with Blue Knights
PURPOSE
To provide the Mayor and members of the City Council with
information to consider authorizing the renewal of the agree-
ment wi,:h the Blue Knights who adopted a section of state
highway in Elgin, under the sponsoring jurisdiction of the
City of Elgin.
BACKGROUND
The State of Illinois passed legislation dated 9-16-92 cited
as the Illinois Adopt-A-Highway Act. This program allows
private citizens to support local anti-litter efforts by
allowing groups to adopt a section of highway for the purpose
of litter collection.
The City was contacted by the Blue Knights in 1993 to adopt
Route 31, from the Route 20 By-Pass south to the Elgin cit
limits. An agreement w was requ re an is in
place. A revised agreement between the City and the Blue
Knights is attached for your consideration. The revised
agreement extends the Blue Knights ' commitment another two
years . This agreement requires the signature of the City
Manager.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Blue Knights and IDOT.
FINANCIAL IMPACT
r The estimated cost is $500 per year. Funds are available and
will be charged to Account Number 010-3331-754 . 33-02 for
litter disposal.
4 4-
Adopt-A-Highway Agreement (Blue Knights )
October 11, 1995
Page 2
e"` LEGAL IMPACT
None.
RECOMMENDATION •
It is recommended that the City Council authorize the City
Manager to execute the revised agreement between the City and
the Blue Knights for another two year period.
espectfully ubmitted,
/ ,
Wit4) 67. 074,t.)64/
James L. Kristiansen
Public Works Director
Richard B. Helwig
City Manager
RBH:GWM:mg
Attachments
MDM0023/COWMEMO/OCT25