Agreement; Responsibilities of Adopter and Commission

PURPOSE: This rule provides terms of the written agreement between the adopter and the commission. (1) If an application is approved by the commission, the adopter or adopter representative shall execute a written agreement with the commission, and upon signing by both parties, the agreement becomes effective and provides for the individual’s or group’s participation in the program. (2) Responsibilities of Adopter. The adopter shall— (A) Abide by all provisions contained in the agreement and any other terms and conditions as required by the department or commission; (B) Provide to the commission the name and complete mailing address, including street address, of the adopter representative and notify the commission within thirty (30) days of any change of the adopter representative’s name or address; (C) Abide by all safety requirements as listed in the department’s safety brochure; (D) Have the adopter, if the adopter is one individual, or the adopter representative attend a safety briefing conducted by the department and obtain safety meeting materials, including but not limited to a safety video, provided by the department, before participation in the initial program activity; (E) Have all members of the group participating in the program activity attend a safety meeting conducted by the adopter representative that includes, but is not limited to, viewing the safety video provided by the department, before participation in the initial program activity; (F) Properly use all safety equipment provided by the department and perform the work in a safe, responsible, and professional manner; (G) Provide one (1) adult supervisor for every eight (8) participants between thirteen and seventeen (13–17) years of age and one (1) adult supervisor for every four (4) participants between ten and twelve (10–12) years of age. No one under the age of ten (10) will be allowed to participate in the program; (H) Adopt a section of highway right-ofway for a minimum of three (3) years and submit a new application every three (3) years if the adopter wants to continue participation in the program; (I) Collect litter along the adopted section four (4) times a year, or as required by the commission; (J) Adopt for litter pickup a minimum of two (2) miles in rural areas and one-half (1/2) mile in urban areas. Shorter lengths may be permissible in special circumstances; (K) Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas; (L) Perform program activity between the hours of one (1) hour after sunrise to one (1) hour before sunset and not during inclement weather; (M) Prohibit participants from possessing, consuming, or being under the influence of alcohol or drugs while participating in the program activity; (N) Place litter in trash bags provided by the department and place filled trash bags at a designated location; (O) Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements; (P) Indemnify and hold harmless the commission and department and their officers, employees and agents from any claim, lawsuit or liability which may arise from adopter’s participation in the program or as provided by the law; (Q) Notify the commissioin for disposal of filled litter bags as soon as possible after litter pickup; (R) Submit to the commission within five (5) working days of any program activity, the following information: 1) the adopter’s name; 2) the date of the program activity; 3) the total hours involved in the program activity; 4) total volunteers involved in activity; and 5) the total number of bags of trash picked up. This information can be provided by calling or e-mailing the commission representative identified on the agreement, or by filling out and mailing the activity report form provided by the department or posting the activity report on the website. This information will enable the department to monitor the program’s success; (S) Not subcontract or assign its responsibilities under this program to any other enterprise, organization, or individual unless assignee is also eligible to adopt; and (T) Not decorate or alter the signs. (3) Responsibilities of Commission. The commission will— (A) Determine the specific section of rightof-way that is to be adopted; (B) Except as provided for in 7 CSR 1014.050, install and maintain signs, if desired by the adopter, at both ends of the adopted section; (C) Provide the adopter with trash bags; (D) Provide a safety briefing and safety materials to the adopter which includes but is not limited to a safety video and safety brochure; (E) Provide the adopter with safety equipment; and (F) Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished. AUTHORITY: sections 226.130 and 227.030, RSMo 2000.* Original rule filed Feb. 15, 1995, effective July 30, 1995. Emergency amendment filed Feb. 8, 2000, effective Feb. 18, 2000, expired Aug. 15, 2000. Amended: Filed July 10, 2000, effective Jan. 30, 2001. Amended: Filed Jan. 7, 2002, effective Aug. 30, 2002. Amended: Filed Jan. 12, 2006, effective Aug. 30, 2006. *Original authority: 226.130, RSMo 1939, amended 1993, 1995 and 227.030, RSMo 1939.