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HomeMy WebLinkAbout03-172 Resolution No. 03-172 RESOLUTION AUTHORIZING EXECUTION OF AN ADOPT-A-HIGHWAY AGREEMENT WITH THE ELGIN BAHA' I COMMUNITY (Route 31 from I-90 Tollway to SOO Line Railroad Overpass) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Adopt-a-Highway Agreement on behalf of the City of Elgin with the Elgin Baha' i Community for Route 31 from I-90 Tollway to SOO Line Railroad overpass, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 25, 2003 Adopted: June 25, 2003 Omnibus Vote: Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ADOPT-A-HIGHWAY AGREEMENT This AGREEMENT is made and entered into this 3 day of ' _�� , 2003, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referr:d to as "City"), and the Elgin Baha'i Community, a Religious Organization, (hereinafter referred to as "Baha'i"). WHEREAS, the City has determined it to be in its best interests to enter into an AGREEMENT with Baha'i pursuant to Illinois Compiled Statutes, 605 ILCS 120/1, et seq., commonly known as the Illinois Adopt-a-Highway Act and Baha'i agrees to comply with the terms and condition of 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 used at Illinois Compiled Statutes, 605 ILCS 120/10, (hereinafter referred 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 the AGREEMENT, the terms of the Act shall apply. 3. Baha'i acknowledges that the work required pursuant to this AGREEMENT can be hazardous to its members, and all participants shall be advised of the potentially hazardous nature of this activity. 4. This AGREEMENT shall terminate four years after the execution date entered above. 5. Baha'i 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. 6. Baha'i shall provide ten days written notice, or notice as directed in writing by the director, to the director prior to any litter collection. 7. Baha'i 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. 8. Baha'i 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. 9. Baha'i shall maintain and make available a first-aid kit and adequate supply of drinking water for its members during each litter collection. 10. Baha'i 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. 11. Baha'i 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. Baha'i shall conduct, through a group coordinator or designee, group safety meetings and shall require its members to receive safety training as directed by City. Baha'i 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. Baha'i 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. 12. Baha'I shall not allow any person under the age of Thirteen(13)to participate in any litter collection. 13. To the fullest extent permitted by law, Baha'i agrees to indemnify, defend and hold harmless the City, the State of Illinois and their agents, officers, employees,boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent act or omission of Baha'i's officers, employees or agents in the performance of this AGREEMENT. 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 actions shall be defended by legal counsel of the City's choosing. 14. City shall determine the specific section of right-of-way which shall be adopted by Baha'i. 15. 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 Baha'i. 16. City shall provide bags to Baha'i. 17. City shall provide any safety apparel or signs to Baha'i which City may deem necessary or desirable within its sole discretion. 18. 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. 19. City may terminate this AGREEMENT in the event of a breach of any of the terms contained herein, or if City determines that Baha'i involvement in this AGREEMENT is inconsistent with any restrictions or limitations established by City, upon written notice. 20. 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. 21. 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. 22. The terms of this AGREEMENT shall be considered severable. If any of the terms or provisions contained herein are fond to be void, illegal or otherwise unenforceable, the remainder of this AGREEMENT shall remain in full force and effect. 23. This AGREEMENT shall not be deemed to constitute any employment relationship, joint venture or partnership between the parties hereto. 24. Baha'i understands and agrees that all members of Baha'i are jointly and severally bound by the terms and conditions set forth in this AGREEMENT. 25. Section Involved: Route 31, from I-90 Tollway to Soo Line Railroad overpass. 3 CITY OF ELGIN Byl City M ger Attest: City Clerk (Seal) Z./ --, Baha'i Its Ck_ :, (P 7 Officer 4