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97-14 COUNTY OF ELGIN By-Law No. 97-14 BEING A BY-LAW TO AUTHORIZE THE WARDEN AND THE ADMINISTRATOR! CLERK TO SIGN STANDARD AGREEMENTS WITH VOLUNTEERS FOR AN ADOPT-A-HIGHWAY PROGRAM ALONG COUNTY ROAD RIGHTS-OF-WAY WITHIN THE COUNTY OF ELGIN' WHEREAS the County has been approached by volunteers who desire to provide clean-up along County Road rights-of-way in the County of Elgin; and the efforts of such volunteers who WHEREAS the County is willing to support desire to provide such services. the Municipal Council of the Corporation of the County of NOW THEREFORE Elgin enacts as follows 1. That the Warden and the Administrator/Clerk are hereby authorized to sign standard agreements with Volunteers for an Adopt-A-Highway Program along County Road Rights-Of-Way within the County of Elgin, in accordance with the terms and conditions set out in the Agreement attached as Appendix "A". take effect upon passing That this By-Law shal 2 1997 1997 time and finally passed this 22nd day of Apri ß time this 22nd day of Apri . . McDonald, County Administrator/Clerk. READ a first and second READ a third endix "A" A COUNTY OF ELGIN ROAD DEPARTMENT ADOPT-A-HIGHWAY PROGRAM AGREEMENT 199 A.D. day of THIS AGREEMENT made on the THE CORPORATION OF THE COUNTY OF ELGIN (Hereinafter called the "COUNTY" OF THE FIRST PART) BETWEEN: AND THE (Name of the Group or Individual) represented by (Hereinafter called the "VOLUNTEER" OF THE SECOND PART) WHEREAS the "Volunteer" desires to provide clean-up along County Road right-of-ways in the County of Elgin. out herein. and the "Volunteer agree willing to support the "Volunteer as set THEREFORE in consideration of the terms hereinafter named, the "County as follows: IS AND WHEREAS the "County The "Volunteer" shall provide the services by picking-up garbage or litter on or from the right-of-ways being a clean-up of County Road No. 1 a minimum of twice a year and shall give the "County" forty eight (48) hours notice after beginning operations. The agreement shall be in effect for a two (2) year period with the provision for a further one (1) year extension by mutual agreement. ensure 2. The "Volunteer" shall be fully responsible for the activities and training of its workers and shal provision of all transportation, supervision, safety equipment and medical/first aid service for its participating employees, members and agents. The "Volunteer" shall attend a safety meeting conducted by the "County" before entering onto the site ofthe highway right-of-way. Furthermore, the "Volunteer" guarantees that all its participants receive the "County's" Adopt-A-Highwav Pro'{ram brochure entitled "Safe First" and ensures that its members have agreed to the rules contained therein. 3 4. The "Volunteer" and its members are to be considered as volunteers, and not as Officers, Employees, or Agents of the Corporation of the County of Elgin. Any injuries, claims, liabilities, suits, or costs thereof whatsoever arising from the "Volunteer" or its members/activities relating to this Agreement, shall be the sole responsibility of the "Volunteer" or its individual members. The "Volunteer" shall indemnify and save harmless the Corporation of the County of Elgin, its employees and agents from any and all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission of the "Volunteer its employees, members, or agents in the performance by the "Volunteer" of this Agreement. 5 6. The "Volunteer" and its members, agree to obey and abide by all laws and regulations relating to safety and such terms and conditions as may be required by the "County". 7. The "Volunteer shall not pick-up litter on medians, bridges, in tunnels, on overpasses, areas under construction or around structures or locations that could pose a danger. 2 limited to the area between the outer shoulders and the right-of-way boundary. years of age) supervisor for every five [19] shall supply one adult (in excess of nineteen be 9. The "Volunteer (5) workers. Work shall 8 be present at the be at lease twelve (12) years of age. No other persons shall reserves the right to limit the number of participants. All participants shall worksite. The 10. "County work only during daylight hours and in good weather. Traffic safety signs TC-2A "ROAD WORK" shall be displayed during litter pick-up. The "Volunteer" shall place the appropriate sign at each end ofthe work zone. The sign shall be located on the shoulder in full view of approaching traffic. The sign shall be displayed only during times when litter pick-up is in progress. It shall be placed face down or removed when activities are temporarily suspended, such as at lunch time or at the end of the day. The "Volunteer shall 11 12 items or items suspected to be hazardous, these does not want to pick-up shall be left. wear appropriate safety apparel When a "Volunteer" encounters closed containers shall not be touched. Any items the "Volunteer' All participants shall (a) 13 14. be turned over Any object found within the right-of-way that is deemed to have material value shall to the Ontario Provincial Police. (b) The "Volunteer" will take filled trash bags to the designated pick-up site(s) as pre-arranged by the County representative and the Volunteer. 15 not collect litter between November 1 st to March 31 st of any calendar year. The "Volunteer" shall make arrangements for off road parking or shuttle bus-type travel to the worksite. All vehicles at the worksite shall be parked at least one meter from the edge of the pavement or as agreed at the safety meeting. shall The "Volunteer 16. 17 The "County" will (a) Provide safety vests, traffic safety signs to be picked up by the "Volunteer" at a County garage. All safety vests and signs shall be returned to the County in good condition within ten (10) days of when they were picked up. 18 Provide safety training for the "Volunteer". (b) (c) Erect a sign on the highway which recognizes the "Volunteer's" contribution. Remove and dispose of filled trash bags. (d) Either party to this agreement may terminate the agreement upon sixty (60) days written notice. IN WITNESS WHEREOF the Corporate seal of the Corporation ofthe County of Elgin has been affixed duly attested by the respective officers authorized in that behalf and the Party of the Second Part has signed as an officer of the "group" and authorized in that behalf. 19. THE CORPORATION OF THE COUNTY OF ELGIN WARDEN ADMINISTRATOR/CLERK SIGNATURE OF REPRESENTATIVE OF "VOLUNTEER' Please Print Name and Telephone Number