03-170 Resolution No. 03-170
RESOLUTION
AUTHORIZING EXECUTION OF AN ADOPT-A-HIGHWAY AGREEMENT
WITH ALPHA DELTA KAPPA
(Route 25 from Congdon Avenue to Summit Street)
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 Alpha
Delta Kappa for Route 25 from Congdon Avenue to Summit Street, 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 34 day of ',,,,, , 2003, by
and between the City of Elgin, Illinois, a municipal corporation(hereinafter r;ferred to as
"City"), and the Alpha Delta Kappa, a Service Organization, (hereinafter referred to as "ADK").
WHEREAS, the City has determined it to be in its best interests to enter into an
AGREEMENT with ADK pursuant to Illinois Compiled Statutes, 605 ILCS 120/1, et seq.,
commonly known as the Illinois Adopt-a-Highway Act and ADK 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. ADK 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. ADK 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. ADK shall provide ten days written notice, or notice as directed in writing by the
director, to the director prior to any litter collection.
7. ADK 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. ADK 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. ADK shall maintain and make available a first-aid kit and adequate supply of drinking
water for its members during each litter collection.
10. ADK 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. ADK 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. ADK shall conduct,
through a group coordinator or designee, group safety meetings and shall require its members to
receive safety training as directed by City. ADK 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. ADK 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. ADK 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, ADK 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 ADK'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.
from any negligent acts or omissions by City, its agents, employees or assigns.
14. City shall determine the specific section of right-of-way which shall be adopted by
ADK.
15. City shall erect a sign which shall conform to the requirements of Section 35 of the
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Act at each end of the adopted section, which signs shall display the name or acronym of ADK.
16. City shall provide bags to ADK.
17. City shall provide any safety apparel or signs to ADK 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 ADK 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. ADK understands and agrees that all members of ADK are jointly and severally
bound by the terms and conditions set forth in this AGREEMENT.
25. Section Involved: Route 25 - Congdon Avenue to Summit Street.
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CITY OF ELGIN
By
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City M r
Attest:
City Clerk (Seal)
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Officer
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