City of Newport Adopt-a-Street/Building Grounds Program

 

Download and Print the full Policy

 

Download and Print the Agreement Form

 

Purpose

The purpose of the City of Newport Adopt-A-Street /Building Grounds program is to provide volunteers with an opportunity to pick up litter, remove noxious weeds, and improve the appearance of city streets and city owned building grounds.

Title

The provisions adopted by this Resolution shall be known as the “Adopt-A-Street/Building Grounds Rules.”

Scope

Any volunteer group, identified as “Adopter” by these rules, may adopt a street/building grounds or a portion of a street/building grounds for the purpose of picking up litter, removing noxious weeds and other work activities agreed to by the Adopter and the City.

Definitions

As used in this these rules, the following definitions will apply:

1.	“Adopter” means the individual or individuals, corporation, company, firm, business, partnership, or public agency that applies to adopt a street/building grounds program, and with whom the Agreement is made.
2.	“Agreement” means a fully executed agreement between the City and the Adopter that incorporates the requirements of these rules allowing Adopter and its Participants to perform activities listed in a Work Plan.  An Agreement includes all attached provisions and exhibits. An Agreement does not convey any property right or interest.
3.	“Director” means the City Manager or designee.
4.	“City” means the City of Newport.
5.	“Participant” means the individual actually performing work on a street or grounds pursuant to an Agreement.
6.	“Street/Building Grounds” means the properties dedicated to public use and identified as a city street or as city owned property adjacent to a city owned building.
7.	“Work Plan” means a series of work tasks agreed to by the Adopter and the City.  A copy of the Work Plan shall be attached to the Agreement.
8.	“Work Site” means the area where the work is to be conducted.

 

 

General Requirements

1.	The Adopter must apply in writing to adopt a street/building ground on a form provided by the City.
2.	The Adopter may indicate a preference for a particular street/building grounds or section of street/building grounds in the application; however, applications will be processed on a first-come, first-served basis.  If the particular street/building grounds or section of street/building grounds requested by the Adopter has already been adopted, the City manager, in his or her sole discretion, may allow multiple adopters to adopt the same location, or may suggest an alternate location for adoption.
3.	Once the location to be adopted has been determined, the Adopter and the City Manager will meet to create a Work Plan.  The Work Plan will consist of a series of work tasks, agreed to by both the Adopter and the City Manager, to be completed by the Adopter during the term of the Agreement.  The Work Plan may include dates or time lines for completion of the work tasks.  A copy of the Work Plan will be attached to the Agreement.
4.	An Agreement will be executed by the Adopter and the City Manager. The Agreement will list the specific requirements and obligations of the Adopter, its Participants, and the City. No work is to be done in the park until the Agreement is fully executed. The Adopter should bring a copy of the Agreement to the work site when work is being performed.
5.	The term of the Agreement will be for a period of one, two, or three years.
6.	Subcontracting or assigning work to any party other than a Participant, or hiring or paying a wage or salary for work done the pursuant to the Work Plan is prohibited and will result in termination of the Agreement.
7.	The City Manager may terminate an Agreement for any reason including, but not limited to safety considerations, failure of the Adopter to perform the work described in the Work Plan, or failure of the Adopter to comply with provisions of the Agreement. Termination may be issued orally or in writing.
8.	The Adopter may terminate the Agreement upon 30 days written notice to the City Manager.
9.	An Adopter has the option of renewing the Agreement for subsequent terms subject to the approval of the City Manager. A request for renewal of the Agreement must be submitted in writing, signed by the Adopter and submitted to the City Manager at least 30 days prior to the expiration date of the Agreement.
10.	Not less than 30 days after any renewal of the Agreement, the City and the Adopter will meet to review and make any changes to the Work Plan.  If at any time the Work Plan is amended, the updated version of the Work Plan will be attached to the Agreement.
11.	The Adopter shall not use the adopted park to display advertising signs or display or sell merchandise of any kind.

 

Specific Requirements

1.		Adopter and Participant Responsibilities:
	a.	The Adopter will be responsible and liable for the care, control, supervision and assurance of safety of all Participants. The Adopter will obtain signed copies of the waiver form provided by the City from each Participant before the Participant performs any work tasks pursuant to the Agreement.  The Adopter must submit the original signed waiver form to the Director within five (5) business days of receipt of the form.  The Adopter may wish to keep copies of the forms for its records.
	b.	The Adopter and each Participant must comply with and abide by all laws, rules, and regulations relating to safety and use of the street/building grounds, and such other terms and conditions as may be required in the Agreement. At the discretion of the Director, the Adopter or individual Participants may be excluded from participation in the program and/or the Agreement may be terminated for violation of the terms of the Agreement or these rules.
	c.	The Adopter will provide adult supervision at the work site by at least one Participant over 18 years of age.
	d.	Within 24 hours of the incident, the Adopter is required to report to the City Manager any injury suffered by an individual while 1) performing work pursuant to the Work Plan; or 2) present at the work site while work is performed pursuant to the Work Plan.  Upon report of an injury by the Adopter, the City Manager will provide the Adopter with an incident analysis report form which must be filled out and returned to the Parks Department within 48 hours of the incident.
	e.	In addition to any other tasks provided in the Work Plan, the Adopter is to pick up litter at least monthly and to conduct service projects at least two times a year. The City Manager may modify the minimum clean-up and service requirements included in the Work Plan if, in the opinion of the City Manager, such modifications are warranted based on the condition and appearance of the adopted park.
	f.	The Adopter must agree to indemnify, defend, and hold harmless the City of Newport and its officers, employees, agents and volunteers from and against any claim or demand for loss, liability, or damage, including claims for property damage and personal injury arising out of any activity undertaken by the Adopter or the Adopter’s employees, officials, agents or volunteers on the premises of the Adopted street/building grounds and in performance of the Work Plan.
	g.	Supplies, materials, and work area signs furnished by the City will be obtained from and returned to the City during regular business hours. The Adopter may furnish its own additional supplies for its exclusive use, at no cost to the City.
	h.	The Adopter will be responsible for appointing or selecting a spokesperson to act as the representative of the Adopter in matters relating to the Agreement. The Adopter may change the spokesperson at any time by providing written notice of the change and contact information for the new spokesperson to City Manager.
	i.	The Adopter will be responsible for placing litter and noxious weeds in trash bags furnished by the City and for conducting other work activities as described in the Work Plan.

2		City Responsibilities:
	a.	The City will remove and dispose of all waste collected and bagged by the Adopter.
	b.	The City will furnish trash bags, and may furnish other tools and/or materials as deemed appropriate by the City and as provided in the Work Plan.
	c.	The City will provide Adopter with a participant timesheet.  A copy of the timesheet must be provided to the Director at the end of each month.
	d.	The City will provide an orientation to the Adopter.  The orientation must be scheduled in advance with the City Manager.
	e.	The City may design, furnish and erect a sign on the adopted street/building grounds premises with the Adopter’s name or acronym displayed.  The sign will remain the property of the City and will be removed by the City upon expiration or termination of this agreement.  The acknowledgement sign is not intended as advertising or as a memorial; items such as an internet address, website, or telephone number will not be allowed. The Adopter’s name may be verified with the Secretary of State’s business name registry or other information available to the City.