The URL can be used to link to this page

Home My WebLink About08-116 ~y -b', ~~'b t;;nb. .('{\113 ru;lU\C6 ~I~e., RESOLUTION. NO. 08-116 A RESOLUTION AMENDING ST. LUCIE COUNTY PROCEDURES FOR PERFORMING CERTAIN DUTIES AND A DELEGATION OF AUTHORITY WITH REGARD TO THE PUBLIC WORKS DEPARTMENT CONSENT AGENDA; DELEGATING TO THE ST. LUCIE COUNTY PUBLIC WORKS DIRECTOR THE ABILITY TO APPROVE, SIGN, AND IMPLEMENT THE "ADOPT -A-HIGHWAY AGREEMENTS," FOR DEBRIS REMOVAL, BEAUTIFICATION AND MAINTENANCE OF ST. LUCIE COUNTY ROADS AS PART OF THE "ADOPT-A-HIGHWAY PROGRAM". WHEREAS, the County has the responsibility for the operation and maintenance of St. Lucie County roads; WHEREAS, the State Legislature in Section 403.4131, Florida Statutes, has encouraged the implementation of an" ADOPT-A-HIGHWA Y PROGRAM" for the participation of local businesses and organizations in specific highway litter removal, beautification and maintenance projects; WHEREAS, the term "litter" for purposes of this Resolution means any garbage, rubbish, trash, refuse, cans, bottles, containers or paper; WHEREAS, the term "beautify" for purposes of this Resolution means any garbage, rubbish, trash, refuse, cans, bottles, containers or paper; WHEREAS, the term "maintenance" for purposes of this Resolution means the continued upkeep and care as approved by the County for the life of this Agreement; WHEREAS, on May 23, 1994, the Board adopted Resolution No. 94-106 which established a County "Adopt-A-Highway Program" and which Resolution this Board desires to amend as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: The Board hereby delegates to the St. Lucie County Public Works Director the ability to approve, sign and implement all ':Adopt-A-Highway Agreements" provided that any such agreement is in substantially the form attached as Exhibit "A" to this Resolution. Effective Date: This Resolution shall become effective this 19 day of August, 200S. After motion and second, the vote on this resolution was as follows: Chairperson Joseph E. Smith Vice Chair Paula Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 19 day of August, 200S. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU , FL RIDA BY: BY: ADOPT- A -HIGHW AY AGREEMENT THIS AGREEMENT is made and entered into by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"), and (the "Group"). RECITALS WHEREAS, the County has the responsibility for the operation and maintenance of St. Lucie County roads; WHEREAS, the State Legislature has encouraged the implementation of an" Adopt-A- Highway Program" for the participation of local businesses and organizations in specific highway litter removal beautification and maintenance projects, Section 43.4131, Florida Statutes; WHEREAS, Groups are desirous of adopting asegment of a St. Lucie County road to removal litter therefrom free of charge and beautify and maintain selected areas of such segments; WHEREAS, the term "litter" for purposes of this Agreement means any garbage, rubbish, trash, refuse, can, bottle, container or paper; WHERE~S, the term "beautify" for purposes of this Agreement means any improvement such as planting or landscaping, as furnished by the Group and as approved by the County; WHEREAS, the term "maintenance" for purposes of this Agreement means the continued up keep and care of the segment as appr.oved by the county for the life of this Agreement; NOW, THEREFORE, IN CONSIDERATION OF. THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: Section 1. The Group shall comply with each of the following terms and conditions: G:\ATTY\RESOL TN\2008\08-116.wpd -3- A. UTTER 1. It shall" Adopt" a minimum of a one-half mile segment of right-of-way adjacent to a St. Lucie County Road for litter removal, beautification and maintenance. The segment of adopted right-of-way is described in Section 3. 2. Its participants shall remove litter from the right-of-way adjacent to such road segment at least once every two months and for a minimum period of four years. 3. Its participants shall remove litter in strict accord with the "Federal Manual on Uniform Traffic Control Device," and Department of Transportation Design Roadway and Standard Index 602. 4. Its participants shall attend at least one County sponsored safety meeting prior to their first litter removal. 5. Its participants shall remove litter only during the hours of 9:00 a.m. to 4:00 p.m. 6. Its participants shall remove litter only during good weather conditions. 7. It shall contact the County's Division of Road and Bridge prior to removal of litter in order to arrange an appropriate litter removal date which is acceptable with the County and which will not conflict with the County's maintenance schedules. 8. It shall ensure that all its participants wear safety vests at all times during litter removal, that they dispose of litter in plastic bags, and that they set the filled plastic bags along the right-of-way of the subject road segment for pick-up by the County. The safety vests and unused plastic bags shall be obtained from the County's Division of Road and Bridge prior to litter removal. The safety vests and any unused bags shall be returned to the County when litter removal is complete. 9. Its participants shall remove litter only along the side of the right-of- way segment. They shall not remove litter from the roadway, at construction sites, at maintenance sites, from tunnels on bridges or overpasses, or on medians. 10. It shall only allow such persons to participate whom it determines are responsible and mature enough to safely participate in litter removal. G:\A TTY\RESOl. TN\2008\08-116.wpd -4- 11. It shall provide at least one adult supervisor for every five (5) youths under the age of eighteen (18) years who may participate. 12. It shall not allow any person to accompany the participants, their home addresses and home telephone numbers, and their ages. The County may review and record on request. 13. It shall keep a written record of the identify of all participants, their home addresses and home telephone numbers, and their ages. The County may review and record on request. B. LANDSCAPING/BEAUTIFICA TION 1. It shall develop a landscape "Plan" using drought tolerant, "Xeriscape" variety plantings. Such plantings may utilize selected tree plantings. All landscape plans will be reviewed and approved beforehand by the Environmental Resources Director, and the Department of Public Works, Supervisor of Traffic Operations. 2. It shall agree to maintain the plantings by trimming, watering, fertilization, and to maintain the entire assigned section as necessary by mowing and weed removal. Such action may be through the participation of Group members, or Group financial contribution for contract maintenance. (Contract administered by the County.) 3. The provisions in "A" apply. Section 2. The County, for its part, shall comply with each of the following terms and conditions: A. It shall install permanent Adopt-a-Highway signs at the beginning and ending of the adopted highway section with the name of the Group thereon. All such signs will be to County standard approved by the Public Works Director. B. It shall provide the participants with safety vests, traffic control signs, plastic bags, and any other equipment deemed necessary. C. It shall remove filled, plastic bags from along the right-of-way atter litter removal by the Group. G:\ATTY\RESOL TN\2008\08-116.wpd -5- Section 3. Agreement is to The particular County road segment which the Group adopts under this r from Section 4. The Group agrees that it and its participants shall indemnify and hold harmless the County and any of its officers, agents, and employees from any death, injury, claim, loss, damage, cost, charge or expense arising out of any act, action, or omission during the performance of the responsibilities under the Agreement. Section 5. This Agreement shall remain in effect for a four year period with an option to' renew for subsequent four-year periods. The County or Group may terminate this Agreement for any reason upon thirty (30) days written notice. Section 6. This Agreement is non-transferable and non-assignable. Section 7. The County's Public Works Director shall decide and resolve all questions and disputes of any nature whatsoever that may arise under or by reason of this Agreement. His decisions shall be deemed final and binding upon the Group. Section 8. This Agreement shall become effective upon the date of its adoption by the County. Section 9. The St. Lucie County Public Works Director is delegated the authority to execute this Agreement. WITNESSES: ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Public Works Director DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney G: \A TTY\RESOI. TN\2008 \08.116 .wpd -6- WITNESSES: G:\ATTY\RESOL TN\2008\08-116.wpd xx By: DATE: -7-