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Backup Documents 03/10/2009 Item #16B 2 MEMORANDUM Date: March 11, 2009 To: Erin Hall Transportation/Road Maintenance From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Adopt-A-Road Agreement and one (I) Adopt-A-Road Cancellation Enclosed, please find one (1) copy of each document as referenced above, (Agenda Item #16Bl and #16B2) which was approved by the Board of County Commisssioners on Tuesday, March 10, 2009. If you should have any questions, please call me at 252-8411. Thank you. Enclosure 1682 1682 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions (ti THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this/tJday ot--/r) f1AdL ,20cJ!)., by and between Collier County (hereinafter thc "COUNTY"), and the volunteer group, LIZ APPLING, FLORIDA HOME REALTY, (hereinafter the "GROUP"), whose addrcss is, 977 Hidden Terrace Road, Naples, Florida, 34104. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as, OLD LIVINGSTON ROAD, (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this refercnce are incorporated herein. 3, Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in littcr removal activities, Participants must bc at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one pcrson 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any rcason, 4. Conduct at least two safety proccdure mectings per year for its participating membcrs. Participants must sign the hold harmlcss agrccment provided by the COUNTY, and attend a 1682 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call thc Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7, Pick up litter on one side of the road at a time, 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. II. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13, Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. IS. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16, Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption ofrecyclabte materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4, Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free 0 fI i tter. 1682 C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the ternlination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. 3 1682 F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. A TTEs.;!':' '''~rr DWldirrE. BROCK, Clerk ~~~ ~\\U$~~~~"""" , ,~~1t~o'6n' . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: dL~ d~€.. D a la a, Chairman By: Name (pIjH Title (pnnt): Phone # (day): Phone # (night): mil R:3,,\ ~'^ -, ':Z... 7RO \ ::z.3 ~ ";z.h 1 ~ '7 1")..3 4 1682 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners cancel the Adopt-A-Road Agreement with the sponsor known as McDonald's, for a segment of Immokalee Road from US 41 to 1-75 due to that segment already adopted by another volunteer group. OBJECTIVE: To approve for cancellation by the Board of County Commissioners, the Agreement signed by the volunteer group, McDonald's, of certain adopted roadways under the Collier County Adopt-A-Road program. CONSIDERATIONS: That the volunteer group so named not be recognized as the sponsor of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement, as this segment of roadway is already adopted by another Adopt-A-Road volunteer group. FISCAL IMPACT: There is no fiscal impact to Collier County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary, LEGAL CONSIDERATIONS: The County Attorney's Ot1ice~iewed these items for legal sufficiency and there are no outstanding legal considerations.~ RECOMMENDATION: That the Board of County Commissioners cancel the Adopt-A-Road Agreement signed by the volunteer group, McDonald's, for the segment of roadway known as Immokalee Road, from US 4] to 1-75. Prepared by: Erin M Hall, Admin. Secy., A-A-R Coordinator, Road & Bridge Maint. Dept. Attachment: Agreement (l ) '~--"_.'._... "~'-'--~'___.'""_"_"'_'_________"_d""" '" ...