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Agenda 03/10/2015 Item #16A13 3/10/2015 16.A.13. EXECUTIVE SUMMARY Recommendation to cancel the Adopt-a-Road Agreement with sponsor Palmetto Ridge High School Band to allow the roadway segment of Oil Well Road from Immokalee Road to east of the High School to become available for adoption as part of the Adopt-a-Road Program. OBJECTIVE: To remove the volunteer group Palmetto Ridge High School Band as a sponsor, from the Adopt-a-Road Program for the roadway segment of Oil Well Road from Immokalee Road to east of the High School, and allow this portion of roadway to be available for adoption as part of the Adopt-a-Road Program. CONSIDERATIONS: Sponsor has emailed the Road Maintenance Department on December 10, 2014 to discontinue their participation in the program. The Collier County Adopt-A-Road program is an environmental protection program developed through a public/private partnership that is dedicated to providing safe and clean roads by the removal of roadside litter. The Collier County Adopt-A-Road program encourages citizens to demonstrate civic pride by taking group action to help keep county roads beautiful and free of litter. The Adopt-A-Road program is an excellent example of the public and private sector working together to solve a community problem. Through this program, local civic, community, neighborhood and business groups can adopt a two-mile segment of roadway, whereby they contract with the County to pick up litter on a monthly basis. Groups are required to attend a meeting, organized by the sponsor, to review safety guidelines and procedures. The sponsor is provided with literature on safety topics and procedural guidelines reviewed by the county. FISCAL IMPACT: There is no Fiscal Impact associated to this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval.- SAS GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To cancel the Adopt-a-Road Agreement with sponsor Palmetto Ridge High School Band, for the roadway segment of Oil Well Road from Immokalee Road to east of the High School, and allow this portion of roadway to be available for adoption by another volunteer group. Prepared by: Diane Lynch, Supervisor Operations, Road Maintenance Department, GMD Attachments: 1) Original Agreement: and 2) Location Map. Packet Page-633- 3/10/2015 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to cancel the Adopt-a-Road Agreement with sponsor Palmetto Ridge High School Band to allow the roadway segment of Oil Well Road from Immokalee Road to east of the High School to become available for adoption as part of the Adopt-a-Road Program. Meeting Date: 3/10/2015 Prepared By Name: LynchDiane Title: Supervisor-Operations, Road Maintenance 2/13/2015 11:51:47 AM Approved By Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 2/20/2015 11:07:05 AM Name: GossardTravis Title: Superintendent-Roads&Bridges,Road Maintenance Date: 2/23/2015 10:55:44 AM Name: KearnsAllison Title: Manager Financial &Operational Support,Transportation Administration Date: 2/23/2015 10:56:58 AM Name: VlietJohn Title: Director-Road Maintenance,Road Maintenance Date: 2/23/2015 12:41:38 PM Name: ShueGene Title:Director-Operations Support,Transportation Administration Date: 2/23/2015 2:26:33 PM Name: LaPierreBarbara Title: Management/Budget Analyst,Transportation Administration Packet Page-634- 3/10/2015 16.A.13. Date: 2/24/2015 10:02:35 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 2/25/2015 9:31:34 AM Name: StoneScott Title:Assistant County Attorney, CAO Land Use/Transportation Date: 2/25/2015 1:21:13 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/25/2015 1:45:42 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/2/2015 9:35:58 AM Name:DurhamTim Title:Executive Manager of Corp Business Ops, Date: 3/2/2015 11:40:50 AM Packet Page-635- 3/10/2015 16.A.13. COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this Cda Y of //"2i-j' ,20e'lby and between Collier County(hereinafter the"COUNTY"), and the volunteer group, Palmetto Ridge High School Marching Band (hereinafter the"GROUP"), whose address is 1655 Victory Lane,Naples,Florida 34120. 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 Oil Well Road from Immokalee Road to East of Palmetto Ridge High School (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. 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 reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be 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 person 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 reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Packet Page -636- 3/10/2015 16.A.13. safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the 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. 11. 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. 15. 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 of recyclable 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 Packet Page -637- 3/10/2015 16.A.13. 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 of litter. 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 ' y 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 termination 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. 3 Packet Page -638- 3/10/2015 16.A.13. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. 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. BOARD OF COUNTY COMMISSIONERS A'fI EST: OF COLLIER COUNTY,FLORIDA DWIGHT E. BRO•c .`Clerk i. �f 14�r'-'' s y•iffy.Clerk D -�; .„ _# • -y Do a Fiala, Chairman ffi• ` ,�r_ • . v :�FfiRS```‘`;\ GROUP: Palmetto Ridge High School Marching Band By: (J(%� .(�;?�,.. �'. /..:,,,,a9..- Name(print): tail/i't5 i,y, 2?aii e C Title(print): Phone#(day):p3a- yi 7- y j 1-7 Phone#(night): SP- c;9 ci Syr-f,a, Appr i ed . o ,'•rm and legal sufficiency: -- Item# 4.69 I 1 41 Agenda Jef 'eyr. I :w Date Assi C ty Attorney Rec'd 4_9 O _ _'1 i �_�� 1'fd iLq_ G.J 'deputy Clerk ' 4 Packet Page-639- r 3/10/2015 16.A.13. _y r I C." BCD-{- -. ( ' 1) :, 4 0 ..... I, 0 f< E I co .... ...... _...tea..- , ` K ( JH _ r,�[ = 1 L ---Victer}�•Ln Y c` '' - J W { T rt• ' k 0{ 44` i ? 0 14Qa rr it Ct �a r i' I., CO fil -..., ,' .... ,..., 1 , 'v ., , � :t �t,4'.. p Z3 J.1 d �;' nom, .-• co - E {:-, Packet Page-640-