Loading...
HomeMy WebLinkAboutOrdinance 61-O-26 Authorizing Donation of a Vehicle to IATAI (1) 09/28/2026 61-O-26 AN ORDINANCE Authorizing the Donation of a Vehicle to the Illinois Association of Technical Accident Investigators WHEREAS, the Illinois Association of Technical Accident Investigators (“IATAI”) is a non-profit organization dedicated to improving the field of accident reconstruction; 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 vehicle as part of its fleet vehicles; and WHEREAS, the City wishes to donate said vehicle, a 2011 Ford Focus (“Vehicle”) to the IATAI for use 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). Page 1 of 7 61-O-26 SECTION 3: Pursuant to Section 1-17-3(B), the City Council hereby authorizes and directs the City Manager to donate and convey evidence of ownership of the vehicle now owned by the City of Evanston to IATAI. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 61-O-26 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2026 Adopted:___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Alexandra B. Ruggie, Corporation Counsel Page 2 of 7 September 14 September 28 61-O-26 EXHIBIT A DONATION AGREEMENT Page 3 of 7 CITY OF EVANSTON AND ILLINOIS ASSOCIATION OF TECHNICAL ACCIDENT INVESTIGATORS VEHICLE DONATION AGREEMENT THIS AGREEMENT is entered into this ___ day of __________, 2026 by and between the City of Evanston (hereinafter, “City”), an Illinois municipal corporation , and the Illinois Association of Technical Accident Investigators (hereinafter, referred to as “IATAI”) (collectively, the “Parties”). RECITALS WHEREAS, the City wishes to donate a 2011 Ford Focus (“Vehicle”) to IATAI pursuant to the terms and conditions contained herein ; and WHEREAS, IATAI wishes to accept full ownership of the Vehicle from the City for the use and benefit of IATAI operations, which provide training in the field of accident reconstruction throughout the Chicago metropolitan area , including Evanston; and NOW, THEREFORE , the City and IATAI, 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 enc umbrances of any type. The City will furnish a signed, sworn and notarized Certificate of Title, attached hereto and incorporated herein as Exhibi t "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: 2011 Vehicle Make: Ford Vehicle Model: FOCUS Vehicle Color: White Vehicle Identification Number (“VIN”): 1FAHP3FN8BW168512 Vehicle Mileage: 27,600 Vehicle Value: $2,800 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 policies. Further, the Vehicle will b e maintained as an asset of in accordance with Turning Point policies for as long as it will be reasonable to do so. Page 4 of 7 61-O-26 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: IATAI: Attn: City Manager’s Office Attn: Dan Keeler, Vice President 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 shal l inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. Page 5 of 7 61-O-26 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 61-O-26 Exhibit A Certificate of Title Page 7 of 7 61-O-26