96-293 Resolution No. 96-293
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN JAYCEES
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 Jaycees 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: October 9, 1996
Adopted: October 9, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
This agreement is made and entered into this /rill day
of () LT, , 1996 , by and between the City of Elgin, Illinois,
a municipal corporation (hereinafter referred to as "City" ) , and
the Elgin Jaycees, a Not-For-Profit Organization, (hereinafter
referred to as "Jaycees" ) .
WHEREAS, the City has determined it to be in its best
interests to enter into an agreement with Jaycees 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 four years after
the execution date entered above.
4 . Jaycees 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 . Jaycees shall provide ten days written notice, or
notice as directed in writing by the director, to the director
prior to any litter collection.
6 . Jaycees 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 . Jaycees 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. Jaycees shall maintain and made available a
first-aid kit and adequate supply of drinking water for its
members during each litter collection.
9 . Jaycees 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 . Jaycees 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 . Jaycees 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 . Jaycees 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. Jaycees 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 . Jaycees shall not allow any person under the age
of thirteen ( 13) to participate in any litter collection.
15 . Jaycees shall require each of its members to
attend a safety meeting conducted by group coordinator prior to
any member participating in any litter collection.
16 . Jaycees 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 Jaycees .
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
Jaycees .
19 . City shall provide bags to Jaycees .
3
20 . City shall provide any safety apparel or signs to
Jaycees 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 Jaycees 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 58, from Liberty Street to Hiawatha
Drive.
CITY OF ELGIN
By 3. kima ,l
City Manager
Attest:
City Clerk (Seal)
By A 'Q - � 1,
L- f CAS'i
Its AA . 7 5
Officer
5
mm_
°�F��, Agenda Item No .
September 19, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Adopt-A-Highway Agreements
with IDOT, City of Elgin and
Elgin Jaycees
PURPOSE
To provide the Mayor and members of the City Council with
information to consider authorizing the Elgin Jaycees to
adopt a section of state highway in Elgin, under the sponsor-
em. ing 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 Elgin Jaycees. They proposed
adopting Route 58 from Liberty Street to Hiawatha Drive per
the attached sketch.
An agreement with IDOT is required and a copy is attached for
your consideration. The Mayor's signature is required on
behalf of the City. An agreement between the City and the
Jaycees is also attached for your consideration. This agree-
ment requires the signature of the City Manager.
The Adopt-A-Highway program has been successful in Illinois,
as well as throughout many states in the nation. We believe
this program greatly improves the quality of life in our
community. This is the ninth agreement to be processed per
the attached summary sheet which provides a status report on
the overall program in Elgin.
,
MAYOR AND MEMBERS OF THE CITY COUNCIL
September 12, 1996
Page 2
The City will be obligated to install signs at each end of
the adopted section with the name of the group displayed.
The City will provide trash bags, safety vests and safety
training. The City will collect the bags of trash a minimum
of four times each year.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Jaycees
FINANCIAL IMPACT
The estimated cost is $500 per year. Funds are available and
would be charged to Account Numbers 010-3321-753. 19-08 for
two signs and 010-3331-754 . 33-02 for disposal .
LEGAL IMPACT
ALTERNATIVES
None
RECOMMENDATION
It is recommended that the City Council authorize the Mayor
to execute the Adopt-A-Highway agreement between the City and
IDOT, as well as for the City Manager to execute the agree-
ment between the City and the Elgin Jaycees .
(;;)—t
Respectf lly submitted,
David L. Lawry, P. E.
Director of Publi rks
Richard B. Helwig
City Manager
RBH:GWM:mg
Attachments
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