COUNTY OF DEKALB
THIS AGREEMENT entered into this _____ day of ____________________A.D., 20__ by and between the County of DeKalb, Illinois, hereinafter referred to as the COUNTY, and _____________, a(n __________ having the address of________________ hereinafter referred to as the GROUP.
WHEREAS, Public Act 87-1118, more commonly known as the ILLINOIS ADOPT-A-HIGHWAY ACT, provides for private interests to support the efforts of units of local government by allowing groups to adopt various highways, or sections thereof, for the purposes of litter collection; and,
WHEREAS, said Act sets forth the procedures and responsibilities of both the private interests and units of local government. Said Act by reference herein is hereby made a part hereof: and,
WHEREAS, the COUNTY, to aid and assist in the removal of litter and to improve County Highway roadside environments, has enacted the DEKALB COUNTY ADOPT-A-HIGHWAY RESOLUTION, in accordance with and in compliance with the ILLINOIS ADOPT-A-HIGHWAY ACT. Said Resolution by reference herein is hereby made a part hereof; and,
WHEREAS, the GROUP is desirous to participate in the COUNTY'S ADOPT-A-HIGHWAY PROGRAM by adopting Section____ of_________ (County Highway_______ between__________________________, a distance of approximately_______ feet ______ mile(s). The Adopted Section of County Highway is depicted in EXHIBIT A, attached hereto and hereby made a part hereof; and
WHEREAS, the litter collection efforts on the Adopted Section of County Highway will be of immediate benefit to residents of the COUNTY and assists in creating a litter free roadside environment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the COUNTY and the GROUP hereto mutually agree as follows:
1. It is mutually agreed by and between the parties hereto that the foregoing preambles are hereby incorporated herein as though fully set forth.
2. The GROUP agrees and hereby acknowledges the hazardous nature of the work involved in adopting a section of County Highway and participating in the DEKALB COUNTY ADOPT-A-HIGHWAY PROGRAM.
3. The GROUP agrees to comply with and adhere to the conditions, terms, requirements, provisions and responsibilities as set forth in the ILLINOIS ADOPT-A- HIGHWAY ACT, the DEKALB COUNTY ADOPT-A-HIGHWAY RESOLUTION, and EXHIBIT B. EXHIBIT B is attached hereto and hereby made a part hereof.
4. The GROUP agrees that in the event of their failure to comply with all conditions, terms, requirements, provisions and responsibilities as set forth in THIS AGREEMENT, the COUNTY will have the right to suspend or terminate THIS AGREEMENT.
5. The GROUP agrees that the participating members of the GROUP are and will be jointly and severally bound by the conditions, terms, requirements, provisions and responsibilities of THIS AGREEMENT.
6. The GROUP agrees that its involvement, participation and activities as contemplated in THIS AGREEMENT will not be subcontracted, assigned or transferred, in any manner or form, to any other group, private citizen, civic organization, not-for-profit organization, commercial enterprise or private enterprise.
7. The GROUP agrees to indemnify, defend and hold harmless the COUNTY, its elected official, its duly appointed official, agents, employees and representatives, and the DEKALB COUNTY HIGHWAY DEPARTMENT, its duly appointed officials, agents, employees and representatives from and against any and all claims, suits, settlements, actions, losses, expenses, damages, injuries, judgments and demands arising from and relating to the GROUP'S involvement, participation and activities as contemplated in THIS AGREEMENT except for the negligent acts of the COUNTY and its agents or employees.
8. The GROUP agrees that its members, volunteers and participants or the volunteers' and its agents or employees harmless from any and all claims of action resulting from the GROUP'S volunteers or agents work in the Program, except for the negligent acts of the STATE OF ILLINOIS and the STATE'S agents or employees.
9. The COUNTY agrees to comply with and adhere to the conditions, requirements and provisions as set forth in EXHIBIT C, attached hereto and hereby made a part hereof.
10. The following provisions are mutually agreed by and between the parties hereto:
a) The GROUP may terminate THIS AGREEMENT by providing a thirty (30) day written notification to the COUNTY'S County Engineer.
b) THIS AGREEMENT shall not be construed, in any manner or form to limit, diminish or alter the power or authority of the COUNTY and the COUNTY'S County Engineer to maintain, operate, improve, construct, reconstruct, repair, widen or expand any County Highway as best determined as provided by law.
c) Nothing contained in THIS AGREEMENT is intended or shall be construed as, in any manner or form, creating or establishing a relationship of co-partners between the parties hereto, or as constituting the GROUP (including its officers, employees, members and agents), the agent, representative or employee of the COUNTY for any purpose, or in any manner, whatsoever. The GROUP is to be and shall remain independent of the COUNTY with respect to all provisions of THIS AGREEMENT.
d) The provisions of THIS AGREEMENT are severable. If any provision, condition, requirement, paragraph, section, subdivision, clause, phrase or word of THIS AGREEMENT is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of THIS AGREEMENT.
e) The agreement of the parties hereto is contained herein and THIS AGREEMENT supersedes all oral agreements and negotiations between the parties hereto relating to the subject matter hereof as well as any previous agreements presently in effect between the parties hereto relating to the subject matter hereof.
11. THIS AGREEMENT shall remain in full force and effect for the time period beginning at 12:00 midnight ___________ _ _ _ _ and ending at 12:00 midnight_________ _ _ _ _.
ATTEST: By: ______________________
COUNTY OF DEKALB
DeKalb County County Engineer