96-224 Resolution No. 96-224
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ELGIN BREAKFAST ROTARY CLUB
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 Elgin Breakfast Rotary Club 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: July 24, 1996
Adopted: July 24 , 1996
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
This agreement is made and entered into this 300day
of A,(6 - , 1996, by and between the City of Elgin, Illinois,
a municipal corporation (hereinafter referred to as "City" ) , and
the Elgin Breakfast Rotary Club, a Service Club Organization,
(hereinafter referred to as "Rotary" ) .
WHEREAS, the City has determined it to be in its best
interests to enter into an agreement with Rotary 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 . Rotary 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 . Rotary shall provide ten days written notice, or
notice as directed in writing by the director, to the director
prior to any litter collection.
6 . Rotary 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 . Rotary 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 . Rotary shall maintain and made available a
first-aid kit and adequate supply of drinking water for its
members during each litter collection.
9 . Rotary 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. Rotary 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 . Rotary shall conduct, through a group coordinator
or designee, group safety meetings and shall require its members
to receive safety training as directed by City.
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12 . Rotary shall obey and abide by all laws, regula-
tions 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. Rotary 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 . Rotary shall not allow any person under the age of
thirteen ( 13) to participate in any litter collection.
15 . Rotary shall require each of its members to attend
a safety meeting conducted by Rotary prior to any member
participating in any litter collection.
16 . Rotary 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 Rotary.
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 Rotary.
19 . City shall provide bags to Rotary.
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20. City shall provide any safety apparel or signs to
Rotary 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 Rotary 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.
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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 25, from Brandt Drive to
Congdon Avenue.
CITY OF ELGIN
By _ • ��. - •
City Manager
Attest:
City Clerk (Seal)
By7A.‹<24-17C;./.4- -...___
Rotary
Its f"
Officer
MDM0014 .D/TEXT071/ADPTAHGH.WY
5
•
il n
r ��==° Agenda Item No. P.__
G
+n tee
July 3, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Adopt-A-Highway Agreement Renewal
with Elgin AM Rotary Club
PURPOSE
To provide the Mayor and members of the City Council with
information to consider authorizing the renewal of the agree-
ment with the Elgin AM Rotary Club 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 Rotary Club in April 1994 to
adopt Route 25, from Brandt to Congdon. An agreement with
IDOT was required and is in place. A revised agreement be-
tween the City and the Rotary Club is attached for your con-
sideration. The revised agreement extends the Rotary Club' s
commitment another two years . This agreement requires the
signature of the City Manager.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The estimated cost for litter collection is $500 per year.
rFunds are available and will be charged to Account Number
010-3331-754 . 33-02 for litter disposal .
• Adopt-a-Highway/AM Rotary Club
July 3, 1996
Page 2
LEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
It is recommended that the City Council authorize the City
Manager to execute the revised agreement between the City and
the Rotary Club for another two-year period through April,
1998 .
Respectfui4y submitted,
David Lawry
Public Works Direc •r
•
eft Richard B. Helwig
City Manager
RBH:GWM:mg
Attachments