By this agreement, the Group acknowledges the hazardous nature of litter pick up and agrees to the following terms and conditions:
- When participants are 15 years of age or younger, the Group shall furnish adequate supervision by adults.
- Each Group shall conduct at least one safety meeting per year and not more than 30 days before commencing the initial work. Participants must attend such a safety meeting before participating in any work. The attachment to this agreement, “Safety Tips for Adopt-A-Highway Groups” shall be covered at all safety meetings.
- Groups shall adopt a section of roadway that is normally three miles in length. No litter pick up is permitted in the medians of divided or multi-lane roadways.
- The Group shall pick up litter in May, July, and September of each year and such other times the Group deems appropriate.
- The Group shall be required to wear ANSI/ISEA 107-2004 Class II high visibility garments while within the highway right-of-way as per the requirements of 23 CFR 634. NDDOT will provide these high visibility garments.
- The Group shall return unused vests when the Group's contract has ended.
- The Group shall obtain trash bags from NDDOT during regular business hours.
- The Group shall place the filled trash bags just off the outer portion of the shoulder of the road for pick up by NDDOT and notify NDDOT that the section has been cleaned.
- The Group shall be considered an independent contractor and not an employee of NDDOT for any purpose, such as workers compensation, medical insurance, nor any job benefits normally provided to full-time classified employees.
- The Group agrees to comply with all applicable laws and rules, including, but not limited to, those relating to nondiscrimination, accessibility, and civil rights.
- The Group and each of the participants agrees to release the State of North Dakota, its agencies, officers and employees (State), from any and all claims of any nature, including all costs, expenses, and attorneys fees, which may in any manner result from or arise out of this agreement.
NDDOT agrees to:
- Erect, as soon as feasible, a permanent sign at each end of the adopted section of the highway or at the beginning of the section if only one side of the highway is being cleaned, with the Group's name or acronym displayed.
- Provide the Group with ANSI/ISEA 107-2004 Class II high visibility garments.
- Provide the Group with trash bags.
- Remove the Group's filled trash bags the first feasible workday after the pick up.
- Remove litter from the adopted section when unusual circumstances are discovered; i.e., large, heavy, or hazardous items are on the right-of-way.
If in the judgment of NDDOT, it is determined that the Group has failed to perform its duties, NDDOT may terminate this agreement upon 30 days written notice to the Group, and remove the signs.