Agenda 03/10/2009 Item #16B 1
Agenda Item No, 1681
March 10,2009
Page 1 of 7
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.
OBJECTlVE: 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 tiscal impact to Collier County.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
LECAL CONSIDERATIONS' TIre Co~. M~,y'" Offi~ ~~'Wol ""~ i_ fm
legal sufliciency 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
lmmokalee Road, from US 41 to 1-75.
Prepared by: Erin M Hall, Admin. Secy., A-A-R Coordinator, Road & Bridge Maint. Dept.
Attachment: Agreement (I)
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Agenda Item No, 1681
March 10, 2009
Page 2 of 7
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
~nns COLUER COUNTY ADOPT-A-ROAD AGREEMENT rn"'''''""o .J!t'daY
o .~ ) , 20tl.~ by and between Collier County (hereinafter the "COUNTY"),
and the volunteer group, McDONALD'S, (hereinafter the "GROUP"), whose address is,
1855 VETERAN'S PARK DRIVE, SUITE 203, NAPLES, FLORIDA, 34109
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, IMMOKALEE ROAD aka CR846 from US 41 TO 1-75, (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 reference are incorporated herein.
3. Only allow such persons to participate a~ 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 wlder 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
Agenda Item No, 1681
March 10, 2009
Page 3 of 7
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. PiGk 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 thc 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. Coordinatc pickup details with the COWlty'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.
t 7. Af,er 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 COT.JNTY for
making the rcports, 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. Cnused 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.
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Agenda Item No. 1681
March 10, 2009
Page 4 of 7
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. R(,move the filled trash bags as soon as possible after the piekup.
4. Remove litter from the Adopted Roadways only under unusual circumstanees, i.e., to
remove large, heavy or hazardous items.
5, Construet 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 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 offieers, 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 ?erson performing litter removal as part of the GROUP during the performance of the
Agreemem, 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 uJ:lder 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
patt without the prior written consent of Collier County.
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Agenda Item No, 1681
March 10, 2009
Page 5 of 7
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 fo~ce or effect. This Agreement is for litter removal activities only. No beautification
activities ,rre authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Ck"fk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:_
Deputy Clerk
Tom Henning, Chairman
GROUP: \\'\C'..\'JCf,\C\ \ C\' "::,
By: Cg!~.-'1--- r:-....-c--- ,
Name (print): (' h ",<..,1) IV', AF (e; JV\S
Title (print): S0-':>-<U,-,,'oC'y'
Phone # (day): 2...~+- -5'11 ,-f<('c'8
Phone # (night): 'L'~i - '-iC'-i - (., 119
Approved as to form
and legal SUffir'enCy:
I .'
/. --
...
-- ---- --...-
Jeffi"ey A. ~~y ;i~w
County '\llor ey
V
4
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Agenda Item No. 1681
March 10,2009
Page 6 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1681
Meeting Date:
Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road
Cancellation of Agreement due to road segment already being adopted.
3/1012009900,00 AM
Prepared By
Erin Hall
Administrative Secretary
Date
Transportation Services
Road Maintenance
2/19/20094:50:45 PM
Appro"ed By
Rookmin Nauth
ManagementfBudget Analyst
Date
Transportation Ser....ices
Transportation Engineering and
Construction
2/23120094:13 PM
A pproved By
Travis D. Gossard
Vegetation Management Supervisor
Date
Transportation Services
Road Maintenance
2/24/20097:34 AM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
2!24f2009 8:'15 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/24/20099:21 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
2/24/20091:37 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
2/24f2009 3:16 PM
Appl"o,"'ed By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
2/24/20093:49 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
2/26/200910:44 AM
Approved B}'
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/26/200911:11 AM
Approved By
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Agenda Item No, 1681
March 10, 2009
Page 7 of 7
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/3/200911:18 AM
file://C:IAgendaTestlExportI125-March%201 0, %2020091 16.%20CONSENT%20AGENDA 11... 3/4/2009