The URL can be used to link to this page

Home My WebLink About12-142RESOLUTION NO. 12-142 A RESOLUTION AMENDING ST. LUCIE COUNTY PROCEDURES FOR PERFORMING CERTAIN DUTIES; RENAMING ADOPT-A-ROAD PROGRAM, FOR DEBRIS REMOVAL, BEAUTIFICATION AND MAINTENANCE OF ST. LUCIE COUNTY ROADS. WHEREAS, the County has the responsibility for the operation and maintenance ofSt. Lucie County roads; and WHEREAS, the State Legislature in Section 403.4131, Florida Statutes, 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; and WHEREAS, St. Lucie County implemented a similar program for roads owned and maintained by St. Lucie County; and WHEREAS, St. Lucie County called its program "Adopt-A-Highway Program";and WHEREAS, the term "litter" for purposes of this Resolution means any garbage, rubbish, trash, refuse, cans, bottles, containers or paper; and WHEREAS, the term "beautify" for purposes of this Resolution means any improvement such as planting or landscaping, as furnished by the Group and as approved by the County; and 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; and WHEREAS, on May 23,1994, the Board adopted Resolution No. 94-106 which established a County "Adopt-A-Highway Program" and which this Board now desires to amend as set forth herein; and WHEREAS, on August 19, 2008, the County adopted Resolution No. 08-116 which amended the Adopt-A-Highway which delegated the St. Lucie County Public Works Director the ability to approve, sign and implement all "Adopt-A-Highway Agreements," and which this Board now desires to amend as set forth herein; and WHEREAS, the Board desires to rename its program "Adopt-A-Road Program." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: The Board hereby delegates to the St. Lucie County Public Works Director the ability to approve, sign and implement all "Adopt-A-Road 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 ~ day of ~~~i,cs2012. After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky AYE Vice Chairman Tod Mowery AYE Commissioner Frannie Hutchinson AYE Commissioner Chris Craft AYE Commissioner Paula A. Lewis PASSED AND DULY ADOPTED this 21st day of August 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, F A " ~,, J , Clerk ~ ;~ r.-~.~~_ Chai an ~,:~ P a `"}ire. ~ r ~- ~ a:Y,,_' ~,t,~ x'.73.. ass - - APPROVED AS TO FORM AND BY: ~ z~ ~ 1(~C,d ~ ,;;; ADOPT-A-ROAD 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 ofSt. Lucie County roads; and WHEREAS, the State Legislature has encouraged the implementation of an "Adopt-A-Road Program" for the participation of local businesses and organizations in specific highway litter removal beautification and maintenance projects, Section 403.4131, Florida Statutes; and WHEREAS, St. Lucie County desires to implement a similar program for roads owned and maintained by St. Lucie County; and WHEREAS, St. Lucie County desires to call its program "Adopt-A-Road Program"; and WHEREAS, Groups are desirous of adopting a segment of a St. Lucie County road to removal litter therefrom free of charge and beautify and maintain selected areas of such segments; and WHEREAS, the term "litter" for purposes of this Agreement means any garbage, rubbish, trash, refuse, can, bottle, container or paper; and WHEREAS, 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; and WHEREAS, the term "maintenance" for purposes of this Agreement means the continued up keep and care of the segment as approved by the County for the life of this Agreement; and 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: A. LITTER 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. 5:\ATTY\RESOLUTIONS\2012\12-142.wpd -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. Its participants shall remove litter only during the hours of 9:00 a.m. to 4:00 p.m. 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. 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 keep a written record of the identify of all participants, their home addresses and home telephone numbers, and their ages. The County may review the record on request. B. LANDSCAPING/BEAUTIFICATION 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 5:\ATTY\RESOLUTIONS\2012\12-142.wpd -4' 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-Road 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 after litter removal by the Group. Section 3. The particular County road segment which the Group adopts under this Agreement is from to 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 underthe 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 ofthis 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 sy: Public Works Director 5: \ATTY\RESOLUTIONS\2012\12-142.wpd -rJ- DATE: WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: XX sy: County Attorney DATE: 5:\ATTY\RESOLUTIONS\2012\12-142.wpd -b- NAME OF SPONSOR: BY: Authorized Representative Print Name TITLE: DATE: STATE OF FLORIDA COUNTY OF ST. LUCIE SWORN to and subscribed freely and voluntarily for purposes therein expressed before me by ,known to me to be the person described herein and who executed the foregoing, this day of , 2012. WITNESS my hand and official seal in the County and State last aforesaid this day of 2012. Notary Public My Commission Expires: 5:\ATTY\RESOLUTIONS\2012\12-142.wpd -7-