===== PDF PAGE 8 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: .L.b c_ • Resolution No. 21-R-0081 -Adopt-A-Highway Program - Ball Horticultural Company COMMITTEE AGENDA DATE: October 7, 2021 COUNCIL AGENDA DATE: October 18, 2021 STAFF REVIEW: Timothy R. Wilcox, Assistant Director of Public Works SIGNATURE_________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE _________ _ ITEM SUMMARY:- On June 5, 1995, the City of West Chicago adopted Ordinance No. 2904, which established an Adopt-A-Highway Program with respect to the collection of litter in the street rights-of-way within the corporate limits of the City with various civic, not for profit organizations and other commercial and private enterprises. Previously, Ball Horticultural Company signed an Agreement with the City, Resolution No. 17-R-0066, for participation in the City's Adopt-A-Highway Program to collect litter within the right-of-way of Roosevelt Road (Illinois Route 38) between Town Road and Washington Street. The term of said Agreement was for two years. Ball Horticultural Company has applied again to continue to collect litter within the right-of-way of Roosevelt Road (Illinois Route 38) between Town Road and Washington Street as part of the Adopt-A-Highway Program. Staff recommends approval of the attached application and Resolution No. 21-R-0081 authorizing the Mayor to execute an Agreement pursuant to the Illinois Adopt-A-Highway Act between the City of West Chicago and the Ball Horticultural Company. ACTIONS PROPOSED: Approve Resolution No. 21-R-0081 authorizing the Mayor to execute an Agreement pursuant to the Illinois Adopt- A-Highway Act between the City of West Chicago and the Ball Horticultural Company for Roosevelt Road (Illinois Route 38) between Town Road and Washington Street. COMMITTEE RECOMMENDATION: ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] RESOLUTION NO. 21-R-0081 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT PURSUANT TO THE ILLINOIS ADOPT-A-HIGHWAY ACT BETWEEN THE CITY OF WEST CHICAGO AND BALL HORTICULTURAL COMPANY FOR ROOSEVELT ROAD (ILLINOIS ROUTE 38) BETWEEN TOWN ROAD AND WASHINGTON STREET. BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute an Agreement pursuant to The Illinois Adopt-A-Highway Act between the City of West Chicago and the Ball Horticultural Company, a copy of which is attached hereto and incorporated as Exhibit "A". APPROVED this 18th day of October, 2021 AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy Smith ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] ADOPT-A-HIGHWAY PROGRAM City of West Chicago Attn: Director of Public Works Public Works Department 475 Main Street West Chicago, IL 60185 Phone: 630/293-2255 Organization Name: Name of President I Chairman: AaC\D.... Name of Applicant: g__\ho.r---=Q- rt:Ju..:)r-.,-"'--- --------- - Telephone: bro '5 "?> ~ - 0' ~ 0 I b '50 - Go 1 - 'J.1· C\ 'D (~) Lecrr~ (IM.>t1inp) ~"'"°- Mailing Address: (,~~ \ ~n_Rco..d.~Q..~LC.~\C.°W b0\~5_(~\\d 1'fJ Approval is hereby requested to enter within public right-of-way to perform litter removal along the following highway: Highway Name: {Sec list ofHvailuble sections provided as Anachmcnt 13) Beginning at: \owl\~ Ending at: APPLICATION PROCESS: Please submit this completed application to the City of West Chicago by mail or hand delivery to City Hall, 475 Main Street West Chicago, Illinois 60185 to the attention of Robert Flatter, Director of Public Works. Once the application is received Public Works will submit a recommendation to the City Council for approval. Adopt-A-Highway applications will be approved at City Council meetings, which are held on the first and third Monday of every month. Ir approved the Public Works Department will contact the group's applicant, via letter to Inform them offurther instructions. Please review the attached llst of responsibilities for Adopt-A-Highway groups and the City of West Chicago. ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] AGREEMENT PURSUANT TO THE ILLINOIS ADOPT-A-HIGHWAY ACT THIS AGREEMENT is made and entered into this 1gth day of October 2021, by and between the City of West Chicago, an Illinois Municipal Corporation (the "CITY"), and Ball Horticultural Company (the "GROUP") (the CITY and the GROUP being collectively referred to as the "PARTIES"). WITNESSETH WHEREAS, the CITY is s a home rule unit of local government exercising the powers conferred upon such units of local government pursuant to the Illinois Municipal Code (65 ILCS, Act 5); and, WHEREAS, the CITY as authorized to contract and otherwise associate with individuals, associations and corporations in any manner not prohibited by law or ordinance pursuant to Article VII, Section 10 (Intergovernmental Cooperation) of the Constitution of the State of Illinois; and, WHEREAS, the CITY is authorized to establish an Adopt-A-Highway program with respect to street rights-of-way within the corporate limits of the CITY, and to contract with civic and not-for-profit organizations and commercial and private enterprises with respect to the collection of litter along such street rights-of-way, pursuant to the Illinois Adopt-A-Highway Act (the "ACT") 605 ILCS 120/1 et seq.; and, WHEREAS, the CITY has established procedures for applications for, and participation in, the CITY'S Adopt-A-Highway program; and, ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] WHEREAS, the GROUP desires, and has made application, to participate in the CITY'S Adopt-A-Highway program, on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the PARTIES do hereby agree as follows: ARTICLE I INCORPORATION OF RECITALS The PARTIES hereby confirm the truth and validity of their respective representations and recitations set forth in the foregoing recitals and do further acknowledge that they are material to this Agreement. Such recitals are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I. ARTICLE II INCORPORATION OF ACT The PARTIES acknowledge that the Adopt-A-Highway program is governed by the ACT. The ACT, a copy of which is attached hereto and incorporated herein as Exhibit "A", is hereby incorporated into and made a part of this Agreement as though it was fully set forth in this Article II. 2 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] ARTICLE III ADOPTED SECTION OF STREET RIGHTS-OF-WAY The PARTIES hereby agree that the section, or sections, of street rights-of-way described in Exhibit "B", attached hereto and incorporated herein, shall be the GROUP'S adopted section, or sections, as that term is defined in the ACT. ARTICLE IV GROUP ACKNOWLEDGEMENT. INDEMNITY AND BINDING EFFECT The GROUP acknowledges the hazardous nature of the work involved in the Adopt-A-Highway program. The GROUP agrees to comply with all of the terms and conditions set forth in the ACT, and the terms and conditions set forth in Chapter 15, Article II of the CITY'S Code of Ordinances. The GROUP agrees to indemnify, assume all liability for and hold the State of Illinois and the CITY, their respective officers, agents and employees, harmless from any and all claims of action, including all costs and attorneys' fees in connection therewith, resulting from the GROUP'S members, volunteers and/or employees work in the Adopt-A- Highway program, except for the negligent acts of the State, the CITY, and their respective officers, agents or employees. The GROUP further agrees that its members, volunteers and employees are jointly and severally bound by the terms and conditions of this Agreement. 3 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] ARTICLEV RESPONSIBILITIES OF THE GROUP The GROUP agrees to fulfill all of the responsibilities set forth at Section 25 of the ACT (605 ILCS 120/25), heretofore incorporated herein as Exhibit "A", in connection with the Adopt-A-Highway program. The GROUP further agrees that: A. No person shall participate in any litter collection activities pursuant to the Adopt- A-Highway program unless and until the GROUP has obtained and submitted to the CITY a release, in the form attached hereto and incorporated herein as Exhibit "C", executed by such person or, if such person is under eighteen (18) years of age, the parent or guardian of such person. B. The GROUP shall schedule all litter collection activities with the CITY'S Director of Public Works not less than seven (7) days prior to such activities, and shall at that time submit any participant releases not previously submitted and /or new releases for any participants who have attained the age of eighteen (18) years and for whom releases executed by a parent or guardian were previously submitted to the CITY. C. The GROUP shall not schedule any litter collection activities prior to the month of April, nor after the month of November, in any year. D. The GROUP shall not undertake any litter collection activities before dawn or after dusk on any day, or during any period of inclement weather. E. The GROUP shall not undertake any litter collection activities without first having posted temporary warning signs to inform motorists that work is being conducted along the adopted section(s) of street right-of-way, which signs shall be supplied by the CITY. F. The GROUP shall provide safety vests, gloves and litter pick up equipment for clean up activities. ARTICLE VI RESPONSIBILITIES OF THE CITY The CITY agrees to fulfill all of the responsibilities set forth at Section 30 of the ACT (605 ILCS 120/30), heretofore incorporated herein as Exhibit "A", in connection 4 ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] with the Adopt-A-Highway program, and to supply garbage bags and temporary warning signs to the GROUP or posting as provided hereinabove. ARTICLE VII REPRESENTATIVES OF THE CITY AND GROUP The Director of Public Works of the CITY shall be the Director, as that term is defined in the ACT, of the Adopt-A-Highway program. The persons whose names are ascribed to this Agreement above the titles of president and coordinator shall be the respective GROUP President and GROUP Coordinator, as those terms are defined in the ACT, for the GROUP with respect to the Adopt-A-Highway program. ARTICLE VIII TERM The term of this Agreement shall be for a minimum of two (2) years from and after the day and year first above written as provided by the ACT, and continue in full effect until such time notice of termination is provided by mutual agreement between both PARTIES. 5 ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] ARTICLE IX NOTICES All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: A. The CITY at: CITY OF WEST CHICAGO Attn: Mehul T. Patel, P .E., CFM Director of Public Works 4 75 Main Street West Chicago, Illinois 60185 B. The GROUP at: Ball Horticultural Company Attn: Bethany Brown 4 7 5 Main Street West Chicago, IL 60185 C. To such other person or place which any PARTY hereto, by its prior written notice, shall designate for notice to it from the other PARTY hereto. 6 ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] IN WI1NESS WHEREOF, the PARTIES have executed this Agreement by their proper officers duly authorized to execute same, the day and year first above written, and in so doing warrant that they possess full authority to execute this Agreement. CITY OF WEST CHICAGO, an Illinois Municipal Corporation, By:~~~~~~~~~~~~~~ Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk [GROUP] Chairman Coordinator ATTEST: 7 ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] EXHIBIT "A" ROADS AND BRIDGES (605 ILCS 120/) Illinois Adopt-A-Highway Act. ( 605 ILCS 120/ 1 ) Sec . 1. Short t itle . This Act may be c i t e d as the I llinois Adopt - A- Highway Act . (Source : P. A. 87-1118 . ) (605 ILCS 120/5) Sec. 5. Purpose. The Adopt-A-Highway program allows private citizens to support municipal, township, and county anti-litter efforts by allowing groups to adopt a section of highway for the purpose of litter collection. The following Sections set forth the uniform guidelines and requirements for the administration of Adopt-A-Highway programs in the State of Illinois. (Source: P.A. 87-1118.) (605 ILCS 120/10) Sec. 10. Definitions. For purposes of this Act: "Group" means members or employees of civic or not-for-profit organizations, and commercial or private enterprises, who have requested to participate, or are participating in, an Adopt-A-Highway program. "Litter" means any unsightly or offensive matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper, ashes, and cigar and cigarette butts. Litter does not include hazardous, heavy, large items, or carcasses. "Group coordinator" means the individual selected by a group to serve as its liaison with a sponsoring jurisdiction. "Group president" means the individual who is the recognized leader, president, or chairman for a group. "Adopted section" means a length of municipal, township, county, or State right-of-way identified by the sponsoring jurisdiction as a safe, adoptable section of right-of-way for adoption by a group. Sections of rights-of-way may be determined inappropriate for adoption for safety reasons. No interstate highway shall be an adopted section. "Director" means the designee or designees for any municipality, township, or county who has responsibility for the administration of a jurisdiction's Adopt-A-Highway programs. "Sponsoring jurisdiction" means the Illinois Department of Transportation or any municipality, township, or county that establishes Adopt-A-Highway programs within its jurisdictional area. ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] (Source: P.A. 89-229, eff. 1-1-96.) (605 ILCS 120/15) Sec. 15. Participation in Adopt-A-Highway Program. Groups may apply to a sponsoring jurisdiction for participation in the jurisdiction's Adopt-A-Highway program. The sponsoring jurisdiction shall establish the terms and procedures groups must follow in applying for participation in the Adopt-A-Highway program. (Source: P.A. 87-1118.) (605 ILCS 120/20) Sec. 20. Agreement. (a) The sponsoring jurisdiction shall have sole responsibility in determining whether an application is rejected or accepted. If an application is approved, the group coordinator and group president shall execute a written agreement with the sponsoring jurisdiction that provides for the group's participation in the Adopt-A-Highway program. (b) The agreement shall be in the form prescribed by the sponsoring jurisdiction and shall, at a minimum, contain the following: (1) an acknowledgment by the group of the hazardous nature of the work involved in participating in the Adopt-A-Highway program; (2) an agreement to comply with the terms and conditions in the Act and any other terms and conditions required by the sponsoring jurisdiction; (3) an agreement that the volunteers or the volunteer's agents shall assume all liability for and hold the State and the State's 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, and the State's agents or employees; (4) an agreement that the volunteers or the volunteer's agents shall.assume all liability for and hold the sponsoring jurisdiction and the sponsoring jurisdiction's 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 sponsoring jurisdiction and the sponsoring jurisdiction's agents or employees; (5) an agreement that the members of the group are jointly and severally bound by the terms and conditions set forth in the agreement; and (6) the respective responsibilities of the group and the sponsoring jurisdiction as contained in Sections 25 and 30 of this Act. (Source: P.A. 87-1118.) ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] (605 ILCS 120/25) Sec. 25. Responsibilities of the group. Groups participating in an Adopt-A-Highway program shall: (1) be required to obey and abide by all laws and regulations relating to safety and any other terms and conditions as required by the sponsoring jurisdiction; (2) provide one adult supervisor for every 5 youths when persons under age 18 are present on an adopted section; (3) not allow a person under the age of 10 to be a member of the group who would be volunteering for the purpose of litter collection; (4) require all group members to attend a safety meeting conducted by the group before participation in any litter collection along an adopted section; (5) require the group coordinator, or designee, to conduct group safety meetings and to receive safety training as required by the sponsoring jurisdiction; (6) adopt a section for a minimum of 2 years; (7) collect litter along an adopted section 4 times a year, or as required by the director; (8) require the group coordinator to provide prior notice, as required by the director, whenever the group intends to collect litter along its adopted section; (9) require group members to properly wear any safety apparel provided by the sponsoring jurisdiction while collecting litter on an adopted section; (10) be responsible for prohibiting members from possessing, consuming, or being under the influence of alcohol or drugs while on an adopted section; (11) maintain a first-aid kit and an adequate supply of drinking water while members are collecting litter along an adopted section; (12) place litter in trashbags provided by the sponsoring jurisdiction and place filled trashbags at a location on the adopted section as designated by the director; and (13) not subcontract or assign its duties or responsibilities to any other group or organization. (Source: P.A. 87-1118.) (605 ILCS 120/30) Sec. 30. Responsibilities of the sponsoring jurisdiction. The sponsoring jurisdiction shall: (1) determine the specific section of right-of-way that is adopted; (2) erect a sign that conforms with Section 35 at each end of an adopted section with the name or acronym of the group displayed; (3) provide a group with garbage bags; ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] (4) provide a group with safety apparel and signs cautioning the public, if required by the sponsoring jurisdiction; and (5) remove filled garbage bags from an adopted section as soon as practical after litter collection has occurred, and shall otherwise be responsible for removing litter from adopted sections only under unusual circumstances such as to remove large, heavy, or hazardous items. (Source: P.A. 87-1118.) (605 ILCS 120/35) Sec. 35. Signs. Adopt-A-Highway signs shall be uniform Statewide in terms of shape, color, text, and location. The Illinois Department of Transportation shall develop and announce standards for Adopt-A-Highway signs within 90 days of the effective date of this Act. Nothing in this Act shall prohibit the sponsoring jurisdiction and the Illinois Department of Transportation from working cooperatively to carry out the intent of the Adopt-A-Highway Program. (Source: P.A. 87-1118.) (605 ILCS 120/40) Sec. 40. Safety training. The sponsoring jurisdiction shall develop the safety training programs that are to be utilized by group coordinators in compliance with Section 25 of this Act. Safety training programs shall be appropriate for the various types of roadway that may be adopted within a jurisdiction. (Source: P.A. 87-1118.) (605 ILCS 120/45) Sec. 45. Other conditions. (a) A sponsoring jurisdiction may establish other procedures and requirements for the administration of its Adopt-A-Highway programs. The procedures and requirements shall not be inconsistent with any provision of this Act. (b) The sponsoring jurisdiction shall have the right to terminate an agreement if a group does not meet the terms and conditions of its agreement, or if the group's involvement in the Adopt-A-Highway program is inconsistent with any other restrictions or limitations established by the sponsoring jurisdiction. (c) No part of this Act shall prevent the execution of intergovernmental agreements. (Source: P.A. 87-1118.) ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] (605 ILCS 120/50) Sec. 50. Penalty for Litter Control Act violation. (a) An individual convicted of violating Section 4 or Section 5 of the Litter Control Act by disposing of litter upon a public highway may be required to adopt for 30 days a designated portion of that highway, including the site where the offense occurred. (b) Item (2) of Section 30 of this Act does not apply when an individual is required to adopt a portion of a highway under this Section. (Source: P.A. 94-1044, eff. 1-1-07.) (605 ILCS 120/100) Sec. 100. This Act takes effect upon becoming law. (Source: P.A. 87-1118.) ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] Exhibit "B" Sec. 15-8. Street rights-of-way included in program. The following street rights-of-way, or sections of street rights-of-way, shall be included in the Adopt-A-Highway Program and shall be eligible for adoption by a group: 29) Route 38, Town Road to Wegner Drive 30) Route 38, Wegner Drive to Washington Street (Ord. No. 2904, § 2, 6-5-95; Ord. No. 05-0-0062, § 2, 8-1-2005; Ord. No. 08-0-0013, § 1, 2-18-2008) ===== PDF PAGE 24 ===== [Extraction: embedded PDF text] LIABILITY WAIVER FOR PARTICIPANT As a participant (or as the parent or guardian of a participant under eighteen (18) years of age) in the City of West Chicago's Adopt-A-Highway program, I recognize that there are certain risks of physical injury associated with such activities. I agree to assume the full risk of any injuries, including death, damages and/or loss which I (or the minor participant) may sustain as a result of participation in any and all activities connected with or associated with the program. I do hereby fully release and discharge the City of West Chicago, its officers, agents, employees, and its successors and assigns, from any and all claims from injuries, including death, damages or loss, which I (or the minor participant) may have or which may accrue on account of participation in the program. I further agree to indemnify and hold harmless and defend the City of West Chicago, its officers, agents, employees, and its successors and assigns, from any and all claims resulting from injuries, including death, damages and losses sustained by me (or the minor participant) and arising out of, connected with, or in any way associated with the activities of the program. I HA VE FULLY READ AND UNDERSTAND THE FOREGOING Printed name of Participant Printed name of parent or guardian of participant under 18 years of age Address Address (if different from participant) Signature of participant (or parent or guardian of participant under 18 years of age) Exhibit "C"