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DUQUESNAY, DANIELLE OF O'KEEFE'S TAVERN / LITTER REMOVAL AGREEMENT ~ ADOPT-A-STREET LITTER REMOVAL AGREEMENT THIS AGREEMENT, made and entered into this <p-\."'- day of rebf'uo.J1' 20 Oi, (City Use) by and between the City of Clearwater, hereinafter called the City and Mr. IMs . Danielle Duquesnay of O'KEEFE'S TAVERN (Group Name) hereinafter called the GROUP. WITNESSETH WHEREASj 1219 S. Fort Harrison Avenue is a part of the City of (Name of City Street) Clearwater street system in pinellas County, Florida. WHEREASj the City has responsibility for operation and maintenance of the street system. WHEREASj the City is authorized to contract with the private sector for performance of its duties. WHEREASj the City Commission has encouraged the implementation of an "Adopt- A-Street" program for the participation of local organizations in specific street litter removal projects. WHEREASj the Group is desirous of adopting a City street to remove litter at South Fort Harrison Avenue (name of street) from Druid Road to (cross street) Lakeview Road (cross street) PAGE ONE NOW THEREFORE; the parties agree as follows: 1. THE GROUP SHALL: A. Adopt a section of right-of-way adjacent to the City street for litter removal at least six times a year. B. Perform litter removal in strict accordance with the City of Clearwater "Litter Removal Procedures", City of Clearwater "Litter Removal Program" and "Federal Manual on Uniform Traffic Control Devices" (MUTCD) . C. Shall conduct themselves in a safe manner and pre-task briefings prior to litter removal, in accordance with the City of Clearwater "Litter Removal Program" and "Litter Removal Procedures". D. Remove litter during daylight hours only. E. Remove litter during good weather conditions only. F. Contact the City of Clearwater Solid Waste Office at 562-4930 to arrange appropriate litter removal schedule that will not conflict with City maintenance schedules. G. Ensure that all participants wear safety vests at all times during the litter removal activity. H. Not pick up litter at construction or maintenance sites, on bridges or overpasses, or on medians. PAGE TWO I. Only allow such persons to participate as are determined by the Group to be responsible enough to safely participate in the litter removal activities. Participating youths must be at least 12 years of age and the Group shall provide at least two adult supervisors for every 5 youths aged 12-15 that are participating in the litter removal activity. J. Not bring persons to observe the activity if the person is under the age of 16 and is not an official participant. K. Not wear clothing which would hinder the sight of participants. L. Pay all appropriate fees prior to program start-up. II. THE CITY SHALL: A. Provide for a fee of $25.00 each Adopt-A-Street signs at the beginning and end of the Adopted highway section. B. Provide six (6) safety vests for use by each Group and one (1) trash tong. C. Remove large stored trash plastic bags from adopted highway section. D. Remove certain litter under unusual circumstances (i.e., large, heavy or hazardous items). The Group covenants and agrees that it will indemnify and hold harmless the City and any maintaining agencies and all their 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 during the performance of the agreement, whether direct or indirect, and whether to any person or property to which the City or said parties may be subj ect, except that neither Group nor any of its members shall be liable under this provision for damage arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the City and its member agencies, any maintaining agencies, and all their officers, employees or agents. PAGE THREE III. The agreement shall remain in effect for a two-year period. The City or Group may terminate this agreement for any reason upon 30 days written notice. IV. This agreement is nontransferable and not assignable in whole or in part without written consent of the City. V. This agreement is for litter removal activities only. Any beautification activities must be pursued by another method. VI. The Public Services Director of the City of Clearwater shall screen and select the Streets to be adopted. The director shall also decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this agreement, the prosecution of fulfillment of the services hereunder and the character, quality, amount and value thereof and the director's decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. PAGE FOUR " :!. IN WITNESS WHEREOF: the parties hereto have caused these present to be executed, The day and year first written above. I CERTIFY that I have read and understand the information contained in this agreement And that I possess the authority to execute this agreement on behalf of the Group. NAME OF GROUP: O'Keefe's Tavern BY: Danielle Duauesnav DATE: Group Representative 17 17 n TITLE'X ~~9/ c0~ STATE OF ~OB.J;,DA) COUNTY OFi\."NLU..V> .....-:""\ acknowledged before me this~day Of~' representative on behalf of ~ ~~___ or has produced -- as identificat n. 2008 . She ^ Printed Name of Notary BY: DATE: DATE: tJ0b~g GJJ~~~-7 I Director/Designee Calililo A. Sata, Assistant City Attorney ADOPT A STREET AGREEMENT - revised February 2002 PAGE FIVE ~,t