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Bentley Wilson Park Alpha Kappa Alpha Sorority Inc. Kappa Sigma Omega ChapterADOPT -A -PARK PROGRAM AGREEMENT (APPLICATION THIS AGREEMENT, made and entered into this day of Ao� \ � —, 20 n , by and between the City of Sanford, Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, (hereinafter referred to as the "City"), and Alpha Kappa Alpha Sorority Inc., Kappa Sigma Omega Chapter, whose address is set forth below (hereinafter referred to as the "Group"). This document shall serve as an application for approval until executed by both the City and the Group. WITNESSETH WHEREAS; the City has responsibility for operation and maintenance of such City Parks and streets; and WHEREAS; the City is authorized to contract with the private sector for performance of certain duties; and WHEREAS; the City Commission of the City of Sanford has approved the City's Adopt -a -Park Program by adoption of Resolution Number 2426; and WHEREAS; the Group is desirous of adopting a section of the following Park, trail section or public place to remove litter and conduct other related activities at: Bentley -Wilson Park. NOW, THEREFORE; the parties agree as follows: (a). The Group agrees to adopt the above mentioned specific Park, trail section or public place for litter removal and related activities consistent with the requirements of Resolution Number 2426 adopted by the City of Sanford City Commission and other controlling law. (b). The Group's responsibility shall be as follows and any co-sponsors shall be jointly and severally responsible for Program compliance relative to all activities and obligations of the Group: (1). For a one-year period from the date of execution of this document by the City, to conduct Program activities along the designated Park, trail section or public space in accordance with Program requirements. Renewal shall require the completion of a new application. (2). To pick up litter at least four times a year within the designated Park, trail section or public space in accordance with Program requirements. (3). To provide a designated coordinator for all activities. The Group's coordinator shall advise the City in the event that the Group no longer wishes to participate in the Program. (4). To schedule the date and time of all Program activities through the City's Adopt A Park contact staff. (5). To use litter bags and the appropriate disposal at a designated location or locations as prescribed by the City's Adopt A Park staff. staff. (6). To use safety equipment as prescribed by the City's Adopt A Park (7). To not subcontract or assign its duties and responsibilities to any other person, group, organization or enterprise. (8). To conduct all activities on each side of an adopted Park, trail 2 11) a ye section or public space including all areas of the right-of-way as approved by the City. (9). To not enter private property during Program activities. (10). To separate recyclable materials and process such materials as may be instructed by City staff. (11). To obey and abide by all laws and regulations relating to safety and such other terms and conditions as may be required by the City's Adopt A Park Program Coordinator including, but not limited to, adherence to the provisions of Resolution Number 2426. (12). To furnish one adult for every six participants of a Group who are seventeen years of age or younger. No child under four years of age may participate in the collection of material in the Park, trail section or public space. (13). To be responsible for each participant of the Group to wear approved safety equipment during activities and use City provided gloves and any cleanup devices as needed. (14). To be responsible for prohibiting participants from either possessing or consuming alcoholic beverages or illicit drugs while on the adopted section and performing tasks associated with the activities and to ensure that participants have not consumed an any alcoholic beverage of any type or nature in the eight hours prior to engaging in activities authorized under this Agreement and to ensure that participants be fit to accomplish work and to not be under any medical care or taking any prescribed drugs that would debilitate them from safely engaging in activities. 31 [1 a - e under any medical care or taking any prescribed drugs that would debilitate them from safely engaging in activities. (15). To provide a proper first aid kit and adequate drinking water for Program participants who are participating in the activities. (16). To keep records on City -prescribed forms which indicate, at a minimum, the hours worked, the number of participants, and the number of bags of trash removed which records include, but are not limited to in any way, an individual release, hold harmless and indemnification agreement for each participant and the parent or guardian of each participant who is a minor on behalf of the minor. (17). The Group covenants and agrees that it will indemnify and hold harmless City and its officials, officers, agents and employees from any and all claims, losses, damages, costs, charges, liabilities and expenses arising out of any act, action, neglect or omission by the Group, or any member thereof, during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which the City or said parties may be subject. (18). Additionally, the City has encouraged the Group to procure and maintain insurance coverages that relate to Program activities although the City has not made the insurance coverages a precondition of Program involvement. (c). The City agrees to: (1). Erect a sign at each of the adopted section with the Group's name or acronym displayed in one color, as the Group approved on the application form. No logos may be used. The City reserves the right to approve, disapprove 4113a< and/or edit names or acronyms to go on the signs; provided, however, that the content on the signage shall be, and shall remain at all times, government speech for the benefit of the City and no other. (2). Issue a Group with a reminder if no activities are reported within six months. If no activities are reported within nine months, the Park signs will be removed so that another Group may adopt this section of Parkway. (3). Provide safety equipment for use during Program activities after the issuance of which shall be the responsibility of the Group. (4). Provide forms to document activities which are undertaken and which are completed. (5). Provide instructions and training relative to safety practices as well as with regard to familiarization with the guidelines and conditions that pertain to the Adopt A Park program to include, but not be limited to, instruction as to wastes that may pose a hazard to Program participants (i.e. syringes, chemicals, etc.). (6). Provide such other materials, coordination, interaction, training and related matters as the City determines to be necessary and appropriate for the implementation of the Program. (d). This Agreement shall remain in effect for a one-year period. The City or the Group may terminate this Agreement for any reason upon a thirty -day written notice to the other party. (e). This Agreement is non -transferable and non -assignable in whole or in part without written consent of the City. 51Pag The Group to complete the followingo perfect its �I Group Name: Kul v r Group Representative/Coordinator: Group Mailing Address: Group E -Mail Address: Group Telephone Number.• ?)OLA _01a_jqq K) Attest: Witness # 1 Signature Printed Name: fitness # 2 Signature Printed Name: &/-,/ &�,q — v Attest. 01 Group licAtion: T — [.3 By:'�4'­RkYAQ t Printed Name: � Date: CITY APPROVAL: For use and reliance of the Sanford City Commission only Approveddj4s to form City of Sanford I By: Signature oT__C7ity Manager or delegatee) V. z 2.1 Date. Name: N\ Organization/Group: On kKfv)Y).,, A(& A(ress,, ity, Zi code - I \11-0-W SS � (�" g0 6 �� Y\6f a, Email Address: a�Y,,sc� a�) Day Phone: Night Phone:. 4 Fax: Date: �bck,�, (Release and Agreement) The undersigned expressly understands, agrees and acknowledges that participation in the City's Adopt A Park program could result in bodily injury, death and/or property damage. The undersigned hereby assumes full responsibility for, and risk of bodily injury, death and/or property damage due to the negligence of the City of Sanford (City), volunteers or the organization/group. Further, the undersigned expressly agrees not to make any claim, suit, action or other demand for damages against the City for any bodily injury, death or property damage resulting, in whole or part from the negligence of the City volunteers or the organization/group whether occurring before or after the date that this Release and 11 P a g e Agreement is signed. Any and all such claims, suits, actions and demands against the City are hereby expressly and irrevocably released and waived regardless of the cause. The foregoing release and waiver of liability is intended to be as broad and inclusive as is permitted by law. In the event of any part thereof is held to be invalid, that part of this Release and Agreement which is not invalid shall remain in full force and effect. The undersigned is competent, of sound mind, and freely, voluntarily, and knowingly signed their name hereto and having read the Release and Agreement and on behalf of the volunteers and the organization/group. No oral representations, statements or inducements have been made. The undersigned has read and fully understands the rules, regulations and guidelines for participating in the City's Adopt A Park program. Additionally, the undersigned, as an individual and organizational/group representative/authority, covenants not to sue the City in any means or under any process or procedure. The undersigned binds her/himself individually, all organizations/groups of which he/she and the volunteers are members participating in the City's Adopt A Park program as organizations as well as the participants participating from such organizations/groups. The undersigned represents to the City that he/she has the full and complete authority to make the statements made herein and undertake the obligations, liabilities and responsibilities as set forth herein for her/himself and all others and organizations/groups referenced herein. The undersigned recognizes the responsibility to obtain releases from individual volunteers and the parents of individual volunteers who are minors/children. And, the undersigned recognizes and acknowledges that the City has encouraged the organization/group to procure 21 Page insurance coverages to protect the interests of the individuals and the organizations/groups referenced herein. The use of the word "City" herein means and includes the government of the City of Sanford and its officials, officers, employees, agents, servants, invitees and guests. I— i,,t �r �� Signature For Organization/ d up Print Name art Date: /,2 ( � Witness # 1 Signature Print Name: �, Date: `�• �`{• i ss# 2 Si atu/re 1 Print Nam �► f rU/71 Date: 31 Page