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00-63 Resolution No. 00-63 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN HISPANIC NETWORK FOR THE ADOPT-A-HIGHWAY PROGRAM 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 Hispanic Network for the adopt-a-highway program, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 8, 2000 Adopted: March 8, 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This agreement is made and entered into this / 6fday of 444(7g1( , 2000, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and the Elgin Hispanic Network, an Illinois not-for-profit corporation. WHEREAS, the City has determined it to be in its best interests to enter into an agreement with the Elgin Hispanic Network pursuant to Illinois Compiled Statues, 605 ILCS 120/1, et seq. , as amended, commonly known as the Illinois Adopt-A-Highway Act (hereinafter referred to as the "Act" ) ; and WHEREAS, the City has determined it to be in the best interest of its citizens to maintain clean and attractive highways. 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 follows: 1. Definitions as used herein shall be those as used at 605 ILCS 120/10, as amended. 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 . The Elgin Hispanic Network 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. 1 5. The Elgin Hispanic Network shall provide ten days written notice, or notice as directed in writing by the director, to the director prior to any litter collection. 6. The Elgin Hispanic Network 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 . The Elgin Hispanic Network 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 . The Elgin Hispanic Network shall maintain and make available a first-aid kit and adequate supply of drinking water for its members during litter collection. 9. The Elgin Hispanic Network 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 . The Elgin Hispanic Network 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 . The Elgin Hispanic Network shall conduct, through a group coordinator or designee, group safety meetings and shall require its members to receive safety training as directed by City. 12 . The Elgin Hispanic Network 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 directives as may be provided by City. 13. The Elgin Hispanic Network 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 . The Elgin Hispanic Network shall not allow any person 2 under the age of thirteen (13) to participate in any litter collection. 15. The Elgin Hispanic Network shall require each of its members to attend a safety meeting conducted by the City prior to any member participating in any litter collection. 16. The Elgin Hispanic Network shall to the fullest extent permitted by law indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney' s fees, damages or other relief arising out of or in any way connected with the existence of or the performance of this agreement or any action or inaction by the Elgin Hispanic Network or its agents, volunteers, officers and employees. Nothing herein affects the Elgin Hispanic Network' s duty to defend the City. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City' s choosing. 17 . City shall determine the specific section of right-of- way which shall be adopted by the Elgin Hispanic Network. 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 Elgin Hispanic Network. 19 . City shall provide garbage bags to the Elgin Hispanic Network. 20. City shall provide any safety apparel or signs to the Elgin Hispanic Network 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 occurred, 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 3 breach of any of the terms contained herein, or if City determines that the Elgin Hispanic Network' s 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 representations, 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. 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 - I-90 Tollway to north City limit. CIT ' 0 ELGIN BY moi. /_c..r - a---- C " M 'pager At est: City Clerk (Seal) 111111111 B ' Its WARMS( Officer 4 .4. , . .T. 4OFE( �' City of Elgin Agenda Item No. oSTIlli %o February 9, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Adopt-A-Highway Agreements with IDOT, City of Elgin & the Elgin Hispanic Network. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorizing the Elgin Hispanic Network 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 in September 1992 commonly known as the Illinois Adopt-A-Highway Act. This program provides private citizens with an opportunity to support local anti-litter efforts by allowing groups to adopt a section of highway for the purpose of litter collection. The Elgin Hispanic Network has proposed adopting a section of road along Route 72, from Randall Road west to the city limits . Since it' s inception, our local Adopt-A-Highway program has greatly improved the appearance of our busiest roadsides in Elgin. There are currently nine service groups participating in the City of Elgin' s program. Each group is required to perform a minimum of four clean-up' s per year. Attached is a report showing the number of clean-up' s that were reported to Staff by each of the service groups. It should be noted, however, that additional clean-ups may have been performed that Staff is unaware of. Follow-up letters have been sent to each of the participants asking them to verify their 1999 activities and reminding them to report all future clean-up' s to Staff upon completion. 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 arrange to have Waste Management collect the bags of . • trash as needed. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Hispanic Network. pINANCIAL IMPACT The estimated cost to include an additional group in the program is $500 per year. Sufficient funds are available and would be charged to Account Numbers 010-3321-753. 19-08 (Traffic Control) for two signs and 010-3331-754 . 33-02 (Refuse Services) for disposal. J� eLEGAL IMPACT Y"w v The agreement must be submitted to the Legal Department for review. ALTERNATIVES The City could choose to either discontinue the program, or assign a different section of roadway to the Elgin Hispanic Network. 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 the Elgin Hispanic Network. Res.ectfully submitted, 4, / J•-ce A . Parker City Manager Attachments rft. S:\cowmemo\cowmemo.00\feb9\Adopt_A_Hwy.wpd • City of Elgin 1999 Adopt-A-Highway vProgram Summary GROUP SECTION OF AGREEMENT 1999 ROADWAY PERIOD CLEAN-UP'S1 ABODE Rt. 31: Locust St. 4/99-4/03 1 to Rt. 20 By-Pass Alpha Delta Rt.25: Congdon Ave. 10/98-10/02 3 Kappa To Rt. 58 Blue Knights Route 31: Rt. 20 By-Pass 8/93-6/02 4 to S. City Limits Elgin A.M. Rt. 25: 4/94-9/02 2 Rotary Club Brandt to Congdon Ave. Elgin Bohai Rt. 31: I-90 to Soo 8/93-6/02 4 Comm Railroad Elgin Jaycees Rt. 58: 10/98-10/02 4 Liberty to Hiawatha Elgin Jr. Rt. 31: 5/98-5/02 2 Women's Club Kimball to Chicago Morning Kiwanis Rt. 19: 11/95-6/02 0 Woodview to Shales Pkwy Noon Kiwanis Rt. 31: 7/94-8/02 3 Soo Railroad to Kimball TOTAL CLEAN-UPS 23 1. These numbers are based on activity reported by each group to Staff . The actual number of clean-ups may vary. 5:\pw\TSPF i le\Adopt-A-Highway\1999_s um m ary.wpd Proposed Elgin Hispanic Network Adopt-A-Hwy Location -.------''-----t''-''''''''"'''''' '"-----,' . 1 v !ii ) _._ __\,, \ Ice °6iiLa '''''\\\\ 0 Freeman Rd 0. 9-6,,e' / \ l''''.•.„‘,,,,,,,,\7:"' 7\ Rd �U •\ 4 4 "al Ra Elgin Hispanic Network ca Ilt 0 HiGGNS RD 0 mos l i kit\ 1 e\\\)„.„.„ ,..„, ....t,es 31 I yah i- 00 4,,0 4,0 co Rd ; L ff r fQ o 5 y s �' 2 ( iv .OPFIGNT 0,964-1941 ETM(INC q".\„ �^ i / ' ((< 11 ©1999 by Rand McNally &Company. All rights reserved.