HomeMy WebLinkAboutRes 2012-07-01 Creation of Adopt-A-Spot ProgramCITY OF ANNA, TEXAS
RESOLUTION NO. ILD,: 0
A RESOLUTION OF THE CITY OF ANNA, TEXAS SUPPORTING THE
CREATION OF AN ADOPT -A -SPOT PROGRAM FOR CITY OF ANNA STREETS,
PARKS, TRAILS OR ANOTHER PUBLIC SPACE WITHIN THE CITY OF ANNA
WHEREAS, the goal of the Adopt -a -Spot program is to encourage citizen and business
participation in beautifying the community of Anna; and
WHEREAS, the City of Anna has drafted an agreement and volunteer waiver form
required by each Adopt -a -Spot participant and the form and content of said agreement
shall be as set forth in Exhibit A, attached hereto and incorporated herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby affirms its support of the
creation of the Adopt -a -Spot program as described in Exhibit A.
PASSED AND APPROVED by the City of Anna, Texas this ®J day of
u- 12012.
29ff-- &&L-'- -
Nath Wilklson
City�ecretary
CITY OF ANNA, TEXAS RESOLUTION No. 2- 012 - 07 °- 01 f PAGE 1 OF 7
CITY OF ANNA ADOPT -A -SPOT AGREEMENT FORM
CITY GF At! NA, TE%AS
The City of Anna Adopt -A -Spot Agreement (hereinafter "Agreement) is made this day of
2 by and between
("Adopter") and the City of Anna, Texas ( "City").
Name of individual or group
Adopter agrees to formally "adopt" a segment of the trail/roadway
Location description
approximately in length and extending approximately from to
describe location
describe location
Adopting a spot means that the Adopter is permitted to engage in the activities set forth in the Terms and
Conditions below as relates to such segment of trail or roadway. This Agreement shall terminate 12 months after
the date first set forth above.
Contact Information:
Individual or Group Leader (the Adopter)
Address
Home Phone Mobile Phone
Terms and Conditions:
The Adopter acknowledges the limits and potential hazards of the Adopt -A -Spot Program, and agrees to the
following terms and conditions:
Adopt -A -Spot activities permitted are regular inspections and monitoring of the trail/roadway segment and light
maintenance work including, but not limited to, litter pick-up, brush control (excluding the use of herbicides), and
cutting and trimming of brush or weeds to keep a path clear. Fundraising or donations of plants, benches, or other
items for the trail/roadway may be allowed after written approval of the City Manager or City Manager's
designee.
Adopters shall: (1) ensure that volunteers who find anything that they suspect to be hazardous to not touch it, but
take appropriate precautions and report the location and description of the material/substance to a City
representative; (2) ensure that volunteers not pick up syringes, hypodermic needles, exceptionally large, heavy or
unyielding objects. When these kinds of materials are discovered, a City representative should be notified as soon
as possible to arrange for proper disposal; (3) conduct activities at a frequency that will enhance the goal of
providing a park like appearance along the adopted trail/roadway segment (the expected minimum frequency of
inspections and trash pick-up along the trail segment is once each month as weather permits although additional
visits may be necessary, and such may be requested by the City); (4) regularly report to the City the
accomplishments of the volunteers, such as amount of trash collected, number of hours spent, concerns about the
trail and similar matters; (5) refrain from using any City -owned equipment or personal property in the
performance of the work; (6) oversee all activities of Adopt -a -Trail volunteers working on the trail/roadway
segment; (7) observe and supervise minors (ages 12-17) at all times and ensure that no minor operates power
equipment of any kind; and (8) adhere to all applicable City ordinances and regulations. The Adopter shall further
ensure that each Adopt -a -Spot volunteer complete and sign an Adopt -a -Spot volunteer release form (available
from City upon request). All volunteers must be at least 12 years of age. All persons under the age of 18
engaging in any activities described hereunder must be accompanied by and under the supervision of a person
who is at 18 years of age. In addition, a parent or guardian signature is required for any volunteer under 18 years
of age. No motor vehicles may be driven or parked on a park trail unless necessary to respond to a medical
emergency. No work of any nature will be performed by the Adopter or the Adopter's volunteers on any
waterway or embankment, or infrastructure or improvement associated with any waterway or embankment. No
work of any nature may result in any stoppage or other interference with normal traffic on roadways or with
public use of trails unless the City Manager has given express written permission for same and the City has
erected necessary signs or other safeguards. No volunteer shall at any time position themselves or any materials or
equipment in the normally travelled part of a roadway. No volunteer shall at any time position themselves or any
materials or equipment near the normally travelled part of a roadway or trail in a manner that may be unsafe for
the volunteers or the general public. The failure of an Adopter to ensure compliance with the requirements of this
paragraph shall be considered a material breach of this contract.
It is recommended that each Adopter have a first aid kit and mobile phone (you must provide your own phone and
fust aid kit, neither will be provided by the City). The Adopter and volunteers should be familiar with nearby
transportation and emergency service facilities and providers.
In cases where it does not interfere with the City regulations, the City will furnish and erect an Adopt -a -Spot sign
recognizing the Adopter or organization that is volunteering to maintain the segment of trail/roadway.
Adopters shall be limited to local residents and organizations that are current in payment of taxes or other
liabilities due the City after notice of any delinquency including: individuals and families, businesses, a chamber
of commerce, non-profit organizations, and clubs and other organizations affiliated with local governmental
entities. For the purpose of this paragraph, the term "local" means an organization with a physical or
organizational presence within the City's corporate limits or its extraterritorial jurisdiction; or an individual or
family that resides within the City's corporate limits or its extraterritorial jurisdiction. Local Organizational
Presence means that at least ten (10) members of the organization reside within the City's corporate limits or its
extraterritorial jurisdiction. A "Non -Profit Organization" means an organization that is, or based on the nature of
its operations is fully eligible to be, a `Nonprofit Corporation" as that term is defined under Texas Business
Organizations Code, Chapter 22, as amended, or a "Nonprofit Association" as that term is defined under Texas
Business Organizations Code, Chapter 252, as amended, and which has one or more of the following or similar
purposes: charitable, benevolent, religious, eleemosynary, philanthropic, patriotic, civic, missionary, educational,
scientific, social, fraternal, athletic, aesthetic, agricultural, horticultural, or being dedicated to the conduct of
professional, commercial, industrial, or trade associations.
Certification by Adopter: I am eligible to be an Adopter as I meet all of the requirements set forth under this
Agreement. I understand I am undertaking this activity voluntarily and assume all responsibilities stated herein as
the Adopter. I understand that there is no salary or other compensation of any kind to be provided by the City for
my services as a volunteer. I understand that my services are provided for the conveniences of the City and may
be terminated for any reasons or for no reason and at any time by the City without notice or hearing. I assume the
risk of injury and any and all liability that may result by my participation as an Adopter.
Waiver/Release/Indemnity Agreement:
I fully understand that my volunteered participation in this Adopt -a -Spot activity (hereinafter "Activity"),
could at any time expose me to the risk of personal injury, death or property damage. I hereby
acknowledge that I am voluntarily participating in the Activity and agree to assume any and all risks. In
consideration for being permitted to participate in the Activity and for all benefits associated with
voluntary participation therein, I hereby agree to release, discharge and agree not to sue the City, nor its
officers, agents or employees (collectively, "released parties") for any injury, death or damage to or loss of
personal property arising out of or in connection with my participation in the Activity from whatever
cause, INCLUDING BUT NOT LIMITED TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE
RELEASED PARTIES OR ANY OTHER PARTICIPANTS IN THE ACTIVITY. As a condition of this
Agreement, the Adopter acknowledges that it/he/she is voluntarily undertaking the Activity and in
consideration of the privileges associated therewith, the volunteer agrees to PROTECT, DEFEND,
INDEMNIFY, and HOLD HARMLESS, the City of Anna, its officers, agents, and employees, from and
against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or
growing out of, associated or in connection with the Activity. THE INDEMNIFICATION INCLUDES.
ut'' 'IHE PRIVILEGES GRANTEll BY THIS AGREEMENT. Adopter agrees that this indemnity
agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and
that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full
legal force and effect. I further hereby consent to the unrestricted use of any and all photos that may be
taken of my participation in this Activity.
I HAVE CAREFULLY READ THIS WAIVER/RELEASE/INDEMNITY AGREEMENT AND FULLY
UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND
SIGN IT ON MY OWN FREE WILL.
Printed Name of Adopter
Signature of Adopter Date
CITY OF ANNA VOLUNTEER AGREEMENT FORM
CITI OF ANNA, TEXAS
I fully understand 1 am undertaking this activity voluntarily and assume all responsibilities for myself and/or
child.
I fully understand that there is no salary or other compensation of any kind to be provided by the City of Anna
("City") for my services as a volunteer.
I fully understand that my services are provided for the conveniences of the City and may be terminated for any
reasons or for no reason and at any time by the City without notice or hearing.
Waiver/Release/Indemnity Agreement:
I fully understand that my volunteered participation in this Adopt -a -Spot activity (hereinafter "Activity"),
could at any time expose me to the risk of personal injury, death or property damage. I hereby
acknowledge that I am voluntarily participating in the Activity and agree to assume any risks. In
consideration for being permitted to participate in the Activity and for all benefits associated with
voluntary participation therein, I hereby agree to release, discharge and agree not to sue the City, nor its
officers, agents or employees (collectively, "released parties") for any injury, death or damage to or loss of
personal property arising out of or in connection with my participation in the Activity from whatever
cause, INCLUDING BUT NOT LIMITED TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE
RELEASED PARTIES OR ANY OTHER PARTICIPANTS IN THE ACTIVITY. As a condition of this
Agreement, I acknowledge that I am voluntarily undertaking the Activity and in consideration of the
privileges associated therewith, I agree to INDEMNIFY, and HOLD HARMLESS, the released parties
from and against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense
arising or growing out of, associated or in connection with the Activity. THE INDEMNIFICATION
ARISING FROM ANY NEGLIGENT ACT ERROR OR OMISSION OF THE RELEASED PARTIES
ARISING OUT OF RESULTING FROM OR CAUSED BY ANY ACT OCCURRING AS A RESULT OF
THE EXERCISE OF THE PRIVILEGES GRANTED BY THIS AGREEMENT. I agree that this
indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of
Texas, and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding,
continue in full legal force and effect. I further hereby consent to the unrestricted use of any and all photos
that may be taken of my participation in this Activity.
I HAVE CAREFULLY READ THIS WAIVEWRELEASE/INDEMNITY AGREEMENT AND FULLY
UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND
SIGN IT ON MY OWN FREE WILL.
At least 18 yrs. of age ❑ Yes ❑ No
Printed Name of Volunteer
Signature of Volunteer Date
Signature of Parent or Guardian if under 18 yrs. of age Date
Address
Phone Emergency Contact