EXHIBIT A
AGREEMENT #___
COUNTY OF DEKALB
ADOPT-A-HIGHWAY PROGRAM
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 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, judgements 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 copartners
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_________ _ _ _ _.
GROUP PRESIDENT
ATTEST:
By: ______________________
GROUP COORDINATOR
Title: ____________________
Date: ____________________
By: _____________________
Title: ___________________
COUNTY OF DEKALB
By: _______________________
DeKalb County
County Engineer
Date: ____________________