98-199 Resolution No. 98-199
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 Joyce A. Parker, 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: August 26, 1998
Adopted: August 26, 1998
Omnibus Vote: Yeas 7 Nays 0
Attest:
a/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
This agreement is made and entered into this / ay
14of , 1998, 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 four years after
the execution date entered above.
i.
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k ' '6 -0 „, 2
4 . Rotary shall collect litter a ong an adopted
section as defined in the Act no less tha fAur imes 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.
2
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.
3
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.
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 25, from Brandt Drive to
Congdon Avenue.
CIT • ELGIN
BY //- A
Cry M ager
Attest:
City Clerk (Seal)
1
By /•
Rotary
Its
Officer
MDM0014 .H/TEXT071/ADPTAHGH.WY
5
,
2116 Rose Court
Schaumburg, Il. 60194
September 15, 1998
Mr. Gary W. Miller
Assistant Public Works Director
City of Elgin
150 Dexter Court
Elgin, Il. 60120-5555
Dear Gary:
Please find enclosed, herewith, the signed agreement between the City of Elgin �g
and the Elgin Breakfast Rotary Club as it pertains to the Adopt A Highway Program. � -
Please note on Page 2, the correction made under agreement#4. I changed K-
4 times to 2 times for the recommended number of litter collections. This is b b e
consistent with what the Elgin Breakfast Rotary Club has been doing in past '( i r -67(7(
years. ��( (T t)
C
If you have any questions regarding this agreement please do not hesitate to Gfr?'/o
call me at my office 847/888-8600. Thank you.
;
tll:41(!9t
Sincerely,
a.„,...i ,.. .„.,,, ,_.,,,t.
Dwain K. Tataryn
President
ELGIN BREAKFAST ROTARY CLUB
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CITY OF ELGIN
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, Agenda Item No. `�
. .
City of Elgin 9
o 6.»., , qP
0011111/4 4'11'00'
August 3 , 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Adopt-A-Highway Agreement Renewals With:
Elgin Breakfast Rotary Club & Noon Kiwanis Club
PURPOSE
The purpose of the memorandum is to provide the Mayor and
members of the City Council with information to consider
authorizing the renewal of two more agreements with community
organizations who adopted sections of state highway in Elgin,
under the sponsoring jurisdiction of the City of Elgin.
BACKGROUND
The State of Illinois passed legislation dated September 16 ,
1992 entitled 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.
These two agreements expire soon and the organizations are
interested in renewing them (refer to attached summary sheet) .
Revised agreements between the City and the Elgin Breakfast
Rotary Club and the Elgin Noon Kiwanis Club are attached for
your consideration. The revised agreements extend each commit-
ment another four years . Aside from the changes reflected in
the terms, the agreements are substantially the same as the
previous ones . An agreement with IDOT was originally required
and is still in place .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Breakfast Rotary Club, Noon Kiwanis and IDOT.
(0-
. ,,F'INANCIAL IMPACT
The estimated cost for each adopted route is $500 per year.
Funds are available and will be charged to account number
010-3331-754 . 33-02, Refuse Services, for litter disposal .
_ _ LEGAL IMPACT
rsd
None .
Adopt-A-Highway Agreement Renewals
August 3, 1998
, � Page 2
' ALTERNATIVES
Do not extend the agreements.
RECOMMENDATION
It is recommended that the City Council authorize the City
Manager to execute the revised four-year agreements between
the City and the Elgin Breakfast Rotary Club and the Elgin
Noon Kiwanis Club.
Res.ectfully submi ed,
J4 e A. Parker
City Manager
GWM/do
Attachments
t
1 *.i'j
• CITY OF ELGIN
a ADOPT-A-HIGHWAY VIII ,
PROGRAM
_ No Longer Active _No Longer Active Now Activated
GROUP BLUE BANA'I ELGIN A.M. ZONTA CLUB NOON ELGIN HARLEY MORNING 33RD SENATE ELGIN ELGIN JR. s
NAME KNIGHTS COMM. ROTARY CLUB OF ELGIN KIWANIS OWNERS GROUP KIWANI3 , DISTRICT OFFICE JAYCEE'S WOMAN!CLUB
CONTACT TERRY GAVIN
PHONE N ED UP AND BARB TRESS BILL DIAMOND DOLORES ZIMMERMAN DAN ZACK ALICE KRAMER 707 A Davis Road We) KEVIN BURKE LAUREL LICHTHARDT AMELIA ANDRESEN
695-975 7424692 931-1606 742-2411 931-0080 897-0104 822-1049 830-924-2591 742-0412
ADDRESS 105 S.LYLE AVE 1170 Bellevue 45 BUNKER HILL AVE. 495 N.Worth 619 E.Chicago St. 1124 Clover HI Ln. 1112 South St. P.O.Box 891 862 SMLr
E.P.D. 83,ELOIN,IL 60123 Elgin,1160120 S.ELGIN,IL 60177 ELGIN,IL 60123 ELGIN,IL 80120 Elgin,II 80120 Elgin,180123 , Elgin,II80121 Elgin,8.60123
SECTION ROUTE 31-20 ROUTE 31-190 ROUTE 25- ROUTE 58- ROUTE 31- ROUTE 19- ROUTE 19- ROUTE 31- ROUTE 58- Route 31
BY PASS TO TO SOO R.R. BRANDT TO HIAWATHA TO SOO R.R.TO LIBERTY TO WOODVIEW TO 190 TO UBERTY TO Klmbal To
S.CITY LIMITS CONGDON E.CITY LIMITS KIMBALL WOODVIEW SHALES PARKWAY N.CITY LIMITS HIAWATHA Chicago
DATE
REQUESTED 7.13 9-'93 2-94 1=94 5-94 3-'95 7-95 2.98 7-96 1-'98
CITY 8-113/06-02 8-19/06.102 4-94/8-98 8-'9418-'98 7-194/8-18 5-'95/5•'97 11-'95/08-'02 8-1)61 6-'00 10-'96/10-'00 5-'98/5-'02
PERIOD
IDOT 8-13 10-93 1-14 8.94 7-94 5-'95 11.95 8-'96 10:98 5'98
PERIOD
TRAINING 1
DATE 2-1-94 4-25-94 5-26-94 8-23-94 9-27-94 7-25-95 10-3-95 5-7.97
I OF -
BAGS 50 155 130 60 275 180 130 35 —
MOF
VEST3 13 13 15 15 21 30 20 12 ,
DATES COLLECTED _
1 4-24-94 5-22-94 9-18-94 10-23-94 11$94 9-24-95 5-5-98 10-25-98 07-20-97
5 Bags _ 12 Bags 5 Bags 5 Bags 28 Bags 28 Bags 32 Bags Never Activated 3 Bags
2 6-26-94 7-10-94 4-23-95 5-21-95 4-2-95 11-05-95 8-18-98 9-2697
2 Bags 13 Bags 3 Bags 7 Bags 20 Bags 15 Bags 13 Bags 2 Bags
3 9-18-94 8-28-94 9-10-95 611-95 7-16-95 4-14-98 4-06-97
2 Begs 15 Bags 1 Bag 7 Bags _ 10 Bags 24 Bags _ 23 Bags —
4 11-06-94 10.23-994 4-28-96QQ8-20-959.24-9x10.1B
5 8-11-988 07-20.97
Bags
2 Bags —
5 4-23.05 _ 5-07a 95 9-22a96 10-22-95 12-03-95 1T030-98 117
3 Bags 40 Bags 9 Bags 8 Bags 21 Bags 14 Bagf 10 Bags ,
8 6-04-95 6-25-95 4-27-97 8-02-96 4-1498 12-08-98 4-1698
2 Bags 3 Bags 20 Bags 12 Bags 23 Bags B Bags - 13 Bags
7 8-06-95 8-06-95 10-05-97 5-17-97 7-21-98 03-23-97 7-2696
2 Begs 6 Bags 6 Bags 6 Bags 14 Bags 12 Bags -
8 10-08-95 10-15-95 4-26-98 5-1697 10-6-96 5-25-97
2 Bags 6 Bags 10 Bags No Longer Active 19 Bags 10 Bags _
9 4-21-96 51696 413-97 9-2l-97
4 Bags 6 Bps 6 Bags 10 Bags _
10 6-09-96 6-30-96 7-13-97 11-16-97
0 Bags S Bags 8 Bags 5 Bags
11 8-11-96 - 9-22-96 10-12-97 4-23-98 l
2 Bags 7 Bags 6 Bags No Longer Active
12 10-13-96 10-26-96 5-3-98
2 Bags 9 Bags 13 Bags _
13 5.4-97 5-17-97
2 Bags 33 Bags
14 6-29-97 6-21-97
1 Bag 7 Bags
15 9-7-97 08/17/17
2 Bags 6 Bags
16 10.12-97 10-12-97
2 Baas /3 Bags ,
17 419-98 5-16-98
2 Bags 11 Bags
16 6-21-98
2 Bags
19
20
21
22
9
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