HomeMy WebLinkAboutExhibit 1CITY OF MIAMI
PUBLIC WORKS DEPARTMENT
ADOPT -A -TRAFFIC CIRCLE/STREET PROGRAM
LITTER REMOVAL AND LANDSCAPING MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by and
between the City of Miami, hereinafter referred to as "City", through its Public Works
Department, hereinafter referred to as the "Department", and ,
hereinafter referred to as the "Group."
WITNESSETH
WHEREAS the traffic circle or street located at
, is part of the City's roadway system in Miami -Dade
County, Florida; and
WHEREAS, the Department has responsibility for operation and maintenance of the
traffic circles and streets located within the City's roadway. system; and
WHEREAS, the Department is authorized to contract with the private sector for the
performance of its duties; and
WHEREAS, the City Commission, on , 2011, adopted Resolution No. R-
, establishing the "Adopt -a -Traffic Circle/Street Program" permitting local
organizations, private corporations and volunteer groups to beautify the City's traffic circles and
streets through litter -removal activities and landscaping efforts; and
WHEREAS, the Group wishes to adopt the traffic circle or street located at
in order to assist with said litter -removal and landscaping.
NOW, THEREFORE, the parties agree as follows:
A. THE GROUP SHALL:
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1. Remove litter and perform landscape maintenance at least twelve (12) times a
year in the adopted traffic circle or street referenced above.
2. Perform litter removal and landscape maintenance in strict accordance with the
guidelines of the Department's "Adopt -a -Traffic Circle/Street Program."
3. Conduct and attend safety meetings and pre -task briefings prior to litter removal
and landscape maintenance.
4. Remove litter and perform landscape maintenance during daylight hours only.
5. Remove litter and perform landscape maintenance during good weather
conditions only..
6. Contact the "Adopt -a -Traffic Circle/Street Program" to arrange an appropriate
litter -removal and landscape maintenance schedule which will not conflict with
the Department's already existing maintenance schedule.
7. Ensure that all participants wear safety vests at all times during the litter -
removal and landscape, maintenance activity. The "Adopt -a -Traffic Circle/Street
Program" should be contacted to obtain safety vests, traffic control signs and
large plastic bags prior to litter -removal and landscape maintenance activity and
return same when the activity is complete.
8. No litter pick-up or landscape maintenance is to be performed if any
construction is occurring at the site of the traffic circle or street.
9. Only allow such persons to participate as are determined by the Group to be
responsible enough to safely participate in the litter -removal and landscape
maintenance activities. Participating youths must be at least twelve (12) years of
age and the Group shall provide -at least one adult supervisor to supervise every
five (5) youths, ages twelve (12) to fifteen (15), who are participating in the
litter -removal and landscape maintenance activity.
10. Not bring persons to observe the activity if the person is under the age of sixteen
(16) and is not an official participant.
11. Not wear clothing which would hinder the sight of the participants.
12. Not have any individual, director, officer, member or volunteer within the Group
who has been convicted of a felony or misdemeanor within the past five (5)
years or who is currently the subject of a criminal investigation.
13. Not discriminate on the basis of race, religion, color, age, sex, marital status,
handicap or national origin in violation of any state or federal law.
B. THE DEPARTMENT SHALL:
1. Provide 'permanent "Adopt -a -Traffic Circle/Street Program" signs at the location
of the adopted traffic circle or street.
2. Provide safety vests, traffic control signs, and large plastic bags for use by the
Group.
3. Remove filled plastic bags from the adopted traffic circle or street and dispose of
them at an approved facility.
4. Remove certain litter under unusual circumstances (i.e. large, heavy or
hazardous items).
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n.
No member, officer, director or volunteer of the Group shall be an employee or independent
contractor of the Department or City for any reason whatsoever in carrying out its obligations
under this Agreement.
III.
The Group covenants and agrees to indemnify, hold harmless and defend the City from and
against any action, claim, demand, Toss, injury or damage, including any expenses, costs and
attorney's fees incurred as a result of such assertion, regardless of whether the incident giving
rise to the action, claim, demand, loss, injury or damage was caused, either directly or
indirectly, by any act, omission, or negligence of the Group or the City during the performance
of this Agreement.
IV.
The Agreement shall remain in effect for a two-year period. The Department or Group may
terminate this Agreement for any reason within thirty (30) days written notice.
V.
This Agreement is non-transferrable and non -assignable in whole or in part without the consent
of the City.
VI.
This Agreement is for litter removal and landscape maintenance activities. Beautification
activities and graffiti removal activities are encouraged.
VII.
The Department shall screen and select the traffic circles and streets of the City to be adopted.
The Department 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 its
decisions upon all claims, questions and disputes shall be final and conclusive upon the parties
hereto.
VIII.
The Department may suspend or revoke a Group's participation in the "Adopt -A -Traffic
Circle/Street Program" if it finds:
1. The Group, any director, officer, member or volunteer has engaged in any
deceptive or fraudulent practices.
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2. Any representative of the Group made a false, deceptive or fraudulent
statement or material misstatement or misrepresentation in its application or in any other
information submitted to the Department.
IN WITNESS WHEREOF; the parties hereto have caused these present to be executed, the day
and year first written above.
I CERTIFY that I understand the information contained in this Agreement and that 1 possess the
authority to execute this Agreement on behalf of the Group.
NAME OF GROUP:
ADDRESS:
BY: DATE:
(Group Representative's Signature)
Print Name: TITLE:
CITY OF MIAMI PUBLIC WORKS DEPARTMENT
BY: DATE:
(Department Director)
ATTEST: DATE:
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