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98-220 Resolution No. 98-220 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ADMIRERS OF BEAUTIFUL OLD DWELLINGS OF ELGIN 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 Admirers of Beautiful Old Dwellings of Elgin 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: September 9 , 1998 Adopted: Sepetember 9, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Resolution No. 98-219 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (Admirers of Beautiful Old Dwellings of Elgin) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation 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: September 9 , 1998 Adopted: Sepetember 9 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT The City of Elgin (Sponsoring Jurisdiction) and A_R_0_D_F_ (Group) , recognize the need for litter free highways and are entering into this Agreement in an effort to contribute toward maintaining litter free highways. By signature below, the Group acknowledges the hazardous nature of the work and agrees to the terms and conditions set by the Sponsoring Jurisdiction and the Illinois Adopt-A-Highway Act. The Group and its volunteers and agents shall assume all responsibility for, and hold the State of Illinois and the Sponsoring Jurisdiction (including their officials, employees and agents) harmless from, any and all claims or actions resulting from the Group's volunteers' or agents' work in the program, except for the negligent acts of the State of Illinois and the Sponsoring Jurisdiction (including their agents or employees). Members of the Group are jointly and severally bound by the terms and conditions of this Agreement. The Group and the Sponsoring Jurisdiction will fulfill their respective responsibili- ties as set forth in Sections 25 and 30 of the Illinois Adopt-A- Highway Act. A copy of those sections is attached as an appendix and is expressly incorporated by reference. The Sponsoring Jurisdiction recognizes and approves the Group as the adopting organization for Rt_ 31 - t<QC.uo'St. to By-Pass section of highway/street, and the Group accepts the responsibil ity of picking up litter on this section for a period of time beginning r —, l99.5 and ending _a , 2063, A.B.O.D.E. Name of Group o?-a5--F ('1 sup P e ident-Janet Hoppe Date A • ,2-/ -y 9 Grouse oordinator-Henry 'unowiecki Date S'-- ?S3 __„(147 Ze,///// Dire tor/ ponsoring Jurisdiction Date y W. Poi le �- 9//6 hi Mayor (Kevin Kelly) Date 4 AGREEMENT This agreement is made and entered into this Qday I of t , 1999, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and the Admirers of Beautiful Old Dwellings Of Elgin, a Not-For-Prof- it Organization, (hereinafter referred to as "ABODE" ) . WHEREAS, the City has determined it to be in its best interests to enter into an agreement with ABODE 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 . ABODE 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 . ABODE shall provide ten days written notice, or notice as directed in writing by the director, to the director prior to any litter collection. 6 . ABODE 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 . ABODE 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 . ABODE shall maintain and make available a first-aid kit and adequate supply of drinking water for its members during each litter collection. 9 . ABODE 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 . ABODE 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 . ABODE 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 . ABODE 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 . ABODE 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 . ABODE shall not allow any person under the age of thirteen ( 13) to participate in any litter collection. 15 . ABODE shall require each of its members to attend a safety meeting conducted by ABODE prior to any member participating in any litter collection. 16 . ABODE 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 ABODE . 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 ABODE. 19 . City shall provide bags to ABODE. 3 r ti . 20 . City shall provide any safety apparel or signs to ABODE 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 ABODE 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 ' t . 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 - Chicago Street to Route 20 By-Pass . CITY ELGIN B W, . A, . 4! . Cit Man; ger Attest: City Clerk (Seal) Byi 'd"Af5tj-CiLrA‘ ABODE Its Officer 5 �yoF �C, — City of Elgin Agenda Item No. August 20, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Adopt-A-Highway Agreements with IDOT, City of Elgin and Admirers of Beautiful Old Dwellings of Elgin (ABODE) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorizing the Admirers of Beautiful Old Dwellings of Elgin (ABODE) to adopt a section 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 commonly known 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 Admirers of Beautiful Old Dwellings of Elgin (ABODE) . They proposed adopting Route 31, from Chicago Street to the Route 20 By-Pass per the attached sketch. 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 eleventh agreement to be processed per the attached summary sheet which provides a status report on the overall program in Elgin. 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 train- ing. The City will collect the bags of trash a minimum of four times each year. Adopt-A-Highway August 20, 1998 Page 2 ft. f COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED ABODE. A FINANCIAL IMPACT ,�� The estimated cost is $500 per year. Sufficient funds are available and would be charged to Account Numbers 010-3321-753 . 19-08 (Traffic Control Materials) for two signs and 010-3331-754 . 33-02 (Refuse Services) for disposal . owt,LEGAL IMPACT None . ALTERNATIVES Do not continue with the program. 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 agreement between the City and ABODE. rw .ectfully sub ' tted, 41• N4J`— Jo ,ce A. Parker City Manager JAP:GWM:mg Attachments rrw ,moo �0 00o C 5 st r--- 1111131 /\\3 \----4\\3101', °•-•=1.------Th\C- \ ��\`/-C CSA, \ '!l tMG�w DD °w" 1�,t`,,t45Ow V 1 l �o :C R•SKR> i D- w+ �� /. j111 � w tpvEtt \---1\31cri‘V-rest A/' �\1 st 1 ,. j„t•M :f ry.t _„�,...^"1 p\J� SS \ MC }�- j't`d."^ �'pt /// c ‘ : ® \ }\t's' ttwr t ,� �a s '�yowt 1tco? - . 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W''' \. i. � --r- s ... i ,_ coh‘v, ME1DO-------, O CE\ < '' spTX ,, ,,,,,.:.--_-,) , l'-"Jr--\ )ks ii___-----4,-----1 'f.' . ! ,‘ 4.0' / CC 1 YM 4 \/'---------- ___ o I jr,3. 1 ' i,..,__a _ • i //,,,,, r -------„, / _ 4.k-- 4:/y,,,. -) r \ , , i, 1t 1 ?.R`O Oc�0° C� 04-Aup9e AMI) „el .1 . w CITY OF ELGIN ADOPT-A-HIGHWAY - - , PROGRAM No Longer Active No Longer Active Never Activated GROUP BLUE BANA'l ELGIN A.M. ZONTA CLUB NOON ELOIN HARLEY MORNING 33RD SENATE ELGIN ELGIN JR. NAME KNIGHTS COMM. ROTARY CLUB OF ELGIN KIWANIS OWNERS GROUP KIWANIS DISTRICT OFFICE , JAYCEE'S WOMANS CLUB ABODE CONTACT SCOTT DAMISCH TERRY GAVIN PHONE 8 ED UPLAND BARB TRESE 847-608-2000 DOLORES ZIMMERMAN DAN ZACK ALICE KRAMER 707A Davis Road(ole) KEVIN BURKE LAUREL LK:HTHAROT AMELIA ANDRESEN HENRY RUAOWIECKI 695-1975 742-6692 847-622-2076 931-1808 742-2411 931-6060 697-0104 822.1049 830.924.2591 742-0412 742-4707 ADDRESS 103 S.LYLE AVE 45 BLINKER HILL AVE. 485 Al.Worth 819 E.Chicago St. 1124 Claw Hit Ln. 1112 South St. P.O. Box 691 882 Shuier 205 N.Gifford E.P.D. 83,ELGIN,IL 60123 Elgin,1160120 S.ELGIN,IL 60177 ELGIN.IL 60123 ELGIN,IL 60120 Elgin,1100120 Elgin,II 60123 Elgin,II80121 _ Elgin,11.80123 Elgin.II.60120 . SECTION ROUTE 31-20 ROUTE 31-/60 ROUTE 25- ROUTE 58- ROUTE 31• ROUTE 19- ROUTE 19- ROUTE 31- ROUTE 58- Route 31- Route 31- BY PASS TO TO S00 R.R. BRANDT TO HIAWATHA TO SOO R.R.TO LIBERTY TO WOODVIEW TO 190 TO LIBERTY TO Kimbal To Chicago To S.CITY LIMITS CONGDON E.CITY LIMITS KIMBALL WOODVIEW SHALES PARKWAY N.CITY LIMITS HIAWATHA Chicago By Pass DATE REQUESTED - 7-93 8•'93 2-94 3-04 5-'94 3-'95 7-'95 2-'/6 7296 1-96 7-96 CITY 8-''93/06-02 8.93/06-02 4.94/8-'02 8-'94/8298 7-'94/8-'02 5-'95/5297 11295106202 6-'96/8200 — 10-'96110•'00 5298/5202 PERIOD RMT 8-93 10-'93 1-94 6'94 7-'94 5-'95 11295 6-16 10298 5298 PERIOD TRAINING DATE 2-1-94 4-25-94 5-26-94 623.94 9-27-94 7-25-95 10-3-95 5-7-97 SOF BAGS 50 135 130 60 275 180 130 35 8 OF VESTS 13 13 15 15 21 30 20 12 DATES COLLECTED 1 4-24-94 5-22-94 9.18-94 1533-94 11-604 634-95 5-5-6 10-25=98 07-20-07 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 8-1699 0.2697 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 8-11-95 7.1695 444.96 4-0697 2 Bags 15 Bags 1 Bag 7 Bags 10 Bags 24 Bags 23 Bags 4 11-06-94 10-23-94 4-28-96 620.95 9.24-95 611-99 07-20-97 2 Bags 20 Bags 15 Bags 7 Bags 14 Begs 15 Begs 10 Bags 5 4-23-95 5-07-95 9-22-96 10-22-95 12-03-95 1020-98 1619-97 3 Bags 40 Bags 9 Bags 6 Bags 21 Bags 14 Bags 10 Bags S 6-04-95 - 6-25-95 4.27.97 8-02-96 4-14-96 12-0696 4.1698 2 Bags 3 Bags 20 Bags 12 Bags 23 Bags 8 Bags 13 Bags 7 8-06-95 8-06-95 10-05-97 5-17-97 7-21-98 03-23-97 7-26-98 2 Bags 6 Bags 8 Bags 6 550, U Bags 12 Bags ., 9 Bags 8 10-08-95 10.15-95 4-2698 51697 10-6-98 -117 2 Bags 6 Bags 10 Bags No Longer Active 19 Bags 10 Bags _ / 4-21-96 5-18-96 41397 621-97 4 Bags 6 Bags 6 Bags 10 Bags _ 10 6-09.96 6-30.6 7-13-97 11-1687 0 Bags 3 Bags 8 Bags 5 Bags - 11 8.11-96 9-22-96 10-12-97 4-2398 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 8-2-98 2 Bags 33 Bags 13 Bags _ 14 6-29-97 6-21-97 1 Bag 7 Bags - 15 9-7-97 08/1797 2 Bags 6 Bags , 18 10-12-97 10.12-97 2 Bags 13 Bags 17 4-19-98 5.16-6 2 Bags 11 Bags 18 6-21-98 l 7-26-98 2 Bags 8 Bags _ _ 19 7-26-98 1 Bag _ 20 21 22 4 MT'THWAY WB1