HomeMy WebLinkAboutC22-128 Roaring Fork Conservancy_Road Adoption Road & Bridge
970-328-540
www.eaglecounty.us
EAGLE COUNTY ROAD ADOPTION AGREEMENT
WHEREAS, the Roaring Fork Conservancy, a Colorado nonprofit corporation, (“RFC”)
has expressed a desire to adopt a fourteen-mile portion of Eagle County Road 104, also known
as the Frying Pan Road, from the confluence of the Roaring Fork River and Frying Pan River to
Ruedi Reservoir (the “Road”); and
WHEREAS, as part of the Road adoption, the RFC plans to conduct at least one
clean-up project on the Road per year; and
WHEREAS, Eagle County (the “County”) owns the Road and is willing to allow RFC to
adopt the Road upon the following conditions.
NOW THEREFORE, based upon the representations by Contractor set forth in the
foregoing recitals, for good and valuable consideration, including the promises set forth herein,
the parties agree to the following:
1. RFC’s members, employees, volunteers, and participants (collectively referred to herein as
the “Participants”) shall at all times abide by all rules and safety regulations of the program
as set forth herein.
2. It is the responsibility of RFC to designate a coordinator for the program who shall serve as
liaison between the County and RFC. RFC shall provide County notice of the coordinator’s
name and contact information and update the County upon any change.
3. The Participants must attend a safety meeting in which all members will view the Spruce Up
Colorado Volunteer Safety video prior to any planned cleanup project. It is the
responsibility of RFC to set up a meeting and showing of the Spruce Up Colorado program
video to all of the Participants.
4. While engaged in a cleanup, all Participants must wear a County-issued orange vest. RFC
agrees to restrict all program activities off of the traveled portion of the Road and will focus
all efforts on the shoulders of the Road.
5. RFC agrees to limit its clean-up activities to the period from one hour after sunrise to one
hour before sunset. RFC agrees not to conduct any cleanup activities during inclement
weather.
DocuSign Envelope ID: 306825DC-645B-4BB9-9482-FA423328B99B
6. RFC shall inform all Participants of the potential dangers of working close to the road,
including high speed traffic, potentially noxious plants, broken glass, hazardous material,
strip metal, and potentially harmful wildlife, including skunks and snakes.
7. RFC agrees to ensure the method, manner, and appearance of the Participants will not in any
way distract, disrupt, or adversely affect traffic. Participants may not display messages, carry
banners, or advertise their business affiliation or cause.
8. Participants are prohibited from the possession, consumption, or being under the influence of
alcohol or drugs while performing a clean-up project on the Road.
9. RFC agrees that it will provide one adult supervisor for every eight Participants between 12
and 17 years of age. Participants who are 12 years of age and under shall be supervised by a
member of their immediate family at all times. No one under age 6 shall be allowed to
participate.
10. RFC agrees that each Participant will sign the liability waiver, attached hereto as Exhibit A,
before participating in a cleanup. It is RFC’s responsibility to collect signed liability waivers
from its Participants prior to allowing participation in the clean-up event. Such liability
waivers shall be maintained and kept as records of RFC for a period of three years following
the date of the cleanup. RFC will forward copies of the liability waivers to Eagle County
upon request.
11. The County reserves the right to request, and RFC will promptly provide, the names and
legal addresses of all Participants.
12. Upon reasonable notice, Eagle County will provide the orange safety vests and a maximum
of 30 trash bags for Participants to use during a cleanup. Cleanup activities shall be done
only after advance notice has been given to Eagle County.
13. The term of this Agreement is one year and will automatically renew each year for four
additional terms, unless earlier terminated in accordance with the terms of this
Agreement.
14.This agreement may be terminated by either party upon written notice. Any such
termination will be effective immediately upon delivery of any such notice upon the other
party.
15. Eagle County shall install and maintain road adoptions signs if requested by the group.
16. Participants conducting a cleanup of the Road will put all litter materials in trash
bags supplied by County. The County shall remove and dispose of filled trash bags at
their earliest convenience.
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DocuSign Envelope ID: 306825DC-645B-4BB9-9482-FA423328B99B
17. The parties acknowledge that Participants are not employees of the County and that
activities are conducted solely at Participants’ own risks.
ROARING FORK CONSERVANCY EAGLE COUNTY
By: ____________________________ By: __________________________
Title: __________________________ Title: _________________________
Date: __________________________ Date: _________________________
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DocuSign Envelope ID: 306825DC-645B-4BB9-9482-FA423328B99B
3/25/2022
Executive Director Road & Bridge Director
3/28/2022
RFC LAND-BASED ACTIVITY WAIVER & RELEASE – 9/10/20 Page 1
ROARING FORK CONSERVANCY
ASSUMPTION OF RISK, RELEASE OF LIABILITY &
INDEMNIFICATION AGREEMENT & MEDIA RELEASE
In consideration of being permitted to participate in the ________________________________________ (the
“Activity”), and the services of Roaring Fork Conservancy, its directors, employees, agents, volunteers and all other
persons and entities acting in any capacity on Roaring Fork Conservancy’s behalf in connecti on with the Activity
(hereafter collectively referred to as “RFC & Associates”), I hereby understand, acknowledge and agree as follows:
Assumption of All Risks and Dangers. I understand that taking part in the Activity (which may include but not be
limited to wading, hiking, and climbing on rocks and slopes) involves exposure to risks and dangers that can result in
illness, physical injury and even death. Potential risks and dangers include: exposure to adverse weather conditions;
equipment malfunctions and defects; collisions with man-made and natural obstacles; rugged/slippery terrain;
sharp/falling rocks and timber; changing water conditions and strong river currents; falling; drowning; becoming lost;
entrapment of body parts under rocks or other objects; poisonous plants; adverse encounters with wildlife; insect and
snake bites; hypothermia; sunburn; and the negligence of other Activity participants. I understand that this description
of risks and dangers is not complete, and that participating in the Activity may include other risks and dangers,
including, but not limited to the acts, omissions and negligence of RFC & Associates. RECOGNIZING THE NATURE
OF THE ACTIVITY, AS WELL AS ITS RISKS AND DANGERS, I EXPRESSLY ASSUME ALL RISKS AND
LIABILITIES ASSOCIATED WITH OR RESULTING FROM MY PARTICIPATION IN THE ACTIVITY.
In addition, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed
to or infected by COVID-19 by attending the Activity. I understand and agree that this release includes any claims
based on the actions, omissions, or negligence of RFC & Associates, whether a COVID-19 infection occurs before,
during or after attendance at the Activity.
Release of All Liability and Indemnification. I unconditionally release, to the fullest extent permitted by law, RFC &
Associates from any claims or causes of action for any liability or loss of any nature, including personal injury, death,
and property damage, arising out of or related to my participation in the Activity, including, but not limited to claims of
negligence, breach of warranty, and/or breach of contract. I agree to indemnify, defend, and hold harmless RFC &
Associates from and against any liability or damages of any kind, and from any suits, claims or demands, including
legal fees and expenses whether or not in litigation, arising out of or related to my participation in the Activity.
Media Release. I hereby grant Roaring Fork Conservancy an irrevocable, perpetual, transferable, fully paid-
up/royalty-free right and license throughout the universe to record (by photographs, video and any other method or
device) my attendance (including my name, title and business affiliation (as applicable), voice, image and likeness) at
the Activity (the "Recordings"), and to use, modify, copy, publish, distribute and otherwise exploit such Recordings
(without any need to obtain my prior approval or review) in any and all media, formats and methods of publication
and transmission now known or hereafter developed for any purpose benefiting Roaring Fork Conservancy and/or
any of its conservation or education projects and programs.
Entire Agreement; Severability. This agreement represents the entire understanding between RFC & Associates
and me regarding its subject matter and supersedes any other statements, agreements or representations, whether
written or oral, regarding the same subject matter. If any portion of this agreement is determined to be unenforceable
by a court of law, the remainder of this agreement shall be enforced without regard to such provision.
DocuSign Envelope ID: 306825DC-645B-4BB9-9482-FA423328B99B
RFC LAND-BASED ACTIVITY WAIVER & RELEASE – 9/10/20 Page 2
I have carefully read this agreement, and understand what it means. By my signature below, I intend t his agreement
to be legally binding upon me, my assignees, heirs, subrogors, executors and personal representatives.
Signature: __________________________________________ Date: ___________________
Print Name: _________________________________________
Address: ___________________________________________________
Phone number: ____________________________
Additional Adult Family Member(s) (with same address and phone number as specified above):
Signature: __________________________________________ Date: ___________________
Print Name: _________________________________________
Signature: __________________________________________ Date: ___________________
Print Name: _________________________________________
Parent or Legal Guardian Must Complete for Participants Under 18 Years of Age
I represent that I am the parent or legal guardian of each of the minor children listed below and that I have : (i) the
legal authority to assume all of the risks and liabilities and to make all of the waivers and releases from liability
specified above on their behalf, and (ii) the legal authority to grant Roaring Fork Conservancy all of the rights and
licenses specified above on their behalf, and I hereby do so in consideration of their being permitted to participate in
the Activity. I further agree to indemnify, defend and hold harmless RFC & Associates from and against any liability
or damages of any kind, and from any suits, claims or demands which are brought by these minor children, or on
their behalf, including legal fees and expenses, whether or not in litigation, and which are in any way connected with
the participation of these minor children in the Activity.
List Parent’s or Guardian’s Minor Children participating in the Activity:
Print Name: _________________________________ Age: ______
Print Name: _________________________________ Age: ______
Print Name: _________________________________ Age: ______
I have carefully read this additional provision and understand what it means with respect to my minor children.
Signature: _____________________________________
Print Name: ________________________________ Date: ___________
DocuSign Envelope ID: 306825DC-645B-4BB9-9482-FA423328B99B
