Loading...
HomeMy WebLinkAbout096-O-23 Authorizing the Donation of a Van to Turning Point Health Care Center10/9/2023 96-O-23 AN ORDINANCE Authorizing the Donation of a Van to Turning Point Health Care Center WHEREAS, Turning Point Health Care Center (“Turning Point”) provides mental health services to children and adults throughout the Chicago metropolitan area, including Evanston; and WHEREAS, the City Council of the City of Evanston hereby finds that it is no longer necessary, practical, or economical to retain ownership of a certain van as part of its fleet vehicles; and WHEREAS, the City wishes to donate said van, a 2014 Ford E350 van (“Vehicle”) to Turning Point for use by Turning Point pursuant to the terms and conditions contained in the Donation Agreement, attached as Exhibit A, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The above recitals are found as fact and made a part hereof. SECTION 2: That, pursuant to Section 1-17-3(B) of the City Code of the City of Evanston, 2012, as amended, the City Council finds that the fleet vehicle described in Exhibit A, attached hereto and incorporated herein, has an aggregate value in excess of one thousand five hundred dollars ($1,500.00). SECTION 3: Pursuant to Section 1-17-3(B), the City Council hereby authorizes and directs the City Manager to donate and convey evidence ~1~ Page 1 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 96-O-23 ~2~ of ownership of the ambulance now owned by the City of Evanston to Turning Point. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That if any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 6: That this Ordinance 96-O-23 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2023 Adopted:___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Alexandra B. Ruggie, Interim Corporation Counsel October 9 October 23 Page 2 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 October 27 96-O-23 ~3~ EXHIBIT A DONATION AGREEMENT Page 3 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 CITY OF EVANSTON AND TURNING POINT BEHAVIORAL HEALTH CARE VEHICLE DONATION AGREEMENT THIS AGREEMENT is entered into this ___ day of __________, 2023 by and between the City of Evanston (hereinafter, “City”), an Illinois municipal corporation, and Turning Point Behavioral Health Care Center (hereinafter, referred to as “Turning Point”) (collectively, the “Parties”). RECITALS WHEREAS, the City wishes to donate a 2014 Ford E350 Van (“Vehicle”) to Turning Point Behavioral Health Care Center pursuant to the terms and conditions contained herein; and WHEREAS, Turning Point wishes to accept full ownership of the Vehicle from the City for the use and benefit of Turning Point operations, which provide mental health services for children and adults throughout the Chicago metropolitan area, including Evanston; and NOW, THEREFORE, the City and Turning Point, in consideration of the mutual covenants set forth below, hereby agree as follows; having first found the foregoing recitals as fact: AGREEMENT 1. DONATION: The City transfers all rights of ownership to the Vehicle listed on this Agreement below to Turning Point (the “Donation”). The City will deliver the Vehicle to Turning Point free and clear of any liens, claims or other encumbrances of any type. The City will furnish a signed, sworn and notarized Certificate of Title, attached hereto and incorporated herein as Exhibit "A", to Turning Point certifying that the Donation is free of liens, claims, and other encumbrances. This Section will survive termination of this Agreement. Vehicle Year: 2014 Vehicle Make: Ford Vehicle Model: E-350 Van Vehicle Color: White Vehicle Identification Number (“VIN”): 1FTSS3EL1EDA14299 Vehicle Mileage: 25,093 Vehicle Value: $18,000 2. DONATION PURPOSE: The Parties understand and agree that the Vehicle will be available for general use by Turning Point in accordance with Turning Point Page 4 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 2    policies. Further, the Vehicle will be maintained as an asset of in accordance with Turning Point policies for as long as it will be reasonable to do so. 3. LIABILITY. The City will bear the risk of loss of, or damage to, the Vehicle until the Vehicle is delivered to Turning Point. Upon acceptance of the Vehicle, Turning Pont will bear the risk of loss of, or damage to, the Vehicle. Turning Point hereby releases the City of all future liability and claims. Turning Point will indemnify the City for any claims arising out its use of the Vehicle filed by third parties. 4. SALE OF VEHICLE. Should Turning Point wish to sell, donate, or otherwise divest itself of the Vehicle, Turning Point may do so without restrictions. 5. NOTICE. Notices under this Agreement are to be in writing and directed to: City of Evanston: TURNING POINT: Attn: City Manager’s Office Attn: Turning Point Health Care Center 2100 Ridge Avenue 8324 Skokie Blvd. Evanston, Illinois 60201 Skokie, Illinois 60077 With a copy to: Law Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 6. APPLICABLE LAW. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Agreement. Venue shall be within Cook County, Illinois. The parties waive trial by jury. 7. SEVERABILITY. In the event any provision(s) of this Agreement are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect. 8. ENTIRE AGREEMENT. This document represents the entire Agreement between the City and Turning Point. Any and all prior agreements, undertakings written and oral, are hereby superseded. This Agreement, and the terms, provisions, promises, covenants and conditions herein, shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. Page 5 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 3    IN WITNESS HEREOF, the Parties have caused this agreement to be executed and the Effective Date will be the date that the City executes the Agreement (“Effective Date”). Turning Point: City of Evanston: By: _____________________________ By: _____________________________ Print Name: ______________________ Luke Stowe, City Manager Title: __________________________ Date: ___________________________ Date: ___________________________ Page 6 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 4    Exhibit A Certificate of Title Page 7 of 7 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8