Item F09Meeting Date: I I / 17/10
Bulk Item: Yes X No
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: County Administrator
Department: Engineering_ Services
Staff Contact Person/Phone #: Judith Clarke ext.4329
AGENDA ITEM WORDING: Approval of a Road Adoption Agreement with No Name Key
Property Owner's Association, Inc. regarding removal of litter/debris from roadway along
Watson/Old4A, Spanish Channel Drive, Bahia Shores Rd., and No Name Drive.
ITEM BACKGROUND: The No Name Key Property Owner's Association requested that they be
permitted to adopt four roads on No Name Key.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: $250.00 INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes X No
COST TO COUNTY: 250.00 SOURCE OF FUNDS: Road and Bridge Fund 102
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management _
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
No Name Key Property
Contract with: Owner's Assn., Inc.
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Contract Manager: Judith Clarke
4329 Engineering Services/1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 11/17/2010
Agenda Deadline: 11/02/2010
CONTRACT COSTS
Total Dollar Value of Contract: $ a 5 p Current Year Portion: 0
Budgeted? Yes[] No ❑ Account Codes: - -
Grant: $
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Char
Date n Nee,
Division Director / r i0 Yes❑
Risk Managem nt �G� Yes❑
O.M.B./Purc asmg 10-j6-10 Yes❑
Date Out
County Attorney %s' Yes❑ NoEr �-� %6 -IS-1 - I
Comments: -.% e.,)it 4A',- " ,ri���ll,. `.
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ROAD ADOPTION AGREEMENT
THIS AGREEMENT entered into this day of , 2010, between
the BOARD OF COUNTY COMMISSIONERS of MONROE COUNTY, FLORIDA (hereinafter referred to as
"County"), 500 Whitehead Street, Key West, Florida 33040 and No Name Key Property Owner's Association,
Inc., 32731 Tortuga Lane, No Name Key, Big Pine Key, FL 33043
(Mailing Address)
WHEREAS, No Name Key Property Owner's Association. Inc. wishes to adopt and remove litter from
Watson/Old4A. Spanish Channel Dr., Bahia Shores Rd., and No Name Dr.
WHEREAS, the County is in need of litter removal from Watson/O1d4A. Spanish Channel Dr., Bahia
Shores Rd. and No Name Dr.
IN CONSIDERATION of the mutual covenants below:
CONTRACT PERIOD., This Agreement shall commence on and shall
continue until such time as either party provides to the other proper written notice of termination
pursuant to paragraph 4.
2. SCOPE OF AGREEMENT. No Name Key Property Owner's Association. Inc. shall be
responsible for quarterly removal of litter on No Name Key right-of-way from (Watson/Old4A.
Spanish Channel Dr. Bahia Shores Rd., and No Name Dr.). No Name Key Property Owner's
Association. Inc. agrees to notify the County Engineer prior to and after each litter removal.
3. CONSIDERATION. In consideration for the above service, the County shall erect two (2) signs of
12" x 36" proportions which shall read:
ADOPTED BY:
No Name Key Property Owner's Association, Inc.
4. TERMINATION. This Agreement can be terminated by either party without cause, provided that
sixty (60) days prior written notice is given to the other party. County may terminate immediately
upon providing to No Name Key Property Owner's Association. Inc. written notice of termination
for noncompliance with the requirements herein.
VOLUNTEERS. No Name Key Property Owner's Association. Inc. agrees to assure the County
that each and every volunteer will complete and submit to the County, a Civic Volunteer Corps
Application form. A current list of volunteers, along with completed forms will be provided when
necessary to the County by No Name Key ProWrty Owner's Association. Inc. for the duration of
this Agreement.
ROAD ADOPTION AGREEMENT
6. AMENDMENT. This Agreement may be amended by the mutual consent of both parties when said
amendment is committed to writing and signed by the Mayor for the BOCC of Monroe County or
the Mayor's designee.
7. COMPLIANCE WITH LAWS. In providing all services to the Agreement, No Name Key
Property Owner's Association, Inc. shall abide by all Statutes, Ordinances, rules and regulations
pertaining to or regulating the provisions of such accommodations including those now in effect and
those hereafter adopted. Any violation of said Statutes, Ordinances, rules and regulations shall
constitute a material breach of this Agreement immediately upon delivery of written notice of
termination to No Name Key Property Owner's Association, Inc..
INDEPENDENT CONTRACTOR. While providing services under this Agreement, No Name
Key Property Owner's Association, Inc. is an Independent Contractor and not an officer, employee
or agent of the County.
9. SIGNATORY. Each of the signatures for No Name Key Property Owner's Association, Inc. below
certifies and warrants that they are empowered to act and contract for No Name Key Property
Owner's Association, Inc.; and that, if a corporation, this agreement has been approved by the Board
of Directors of No Name Key Property Owner's Association, Inc..
10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties hereto
with respect to the subject matter hereof.
11. CONSENT TO JURISDICTION. This Agreement, its performance, and all disputes arising
hereunder, shall be governed by the laws of the State of Florida, and both parties agree that a proper
venue for any action shall be in Monroe County.
12. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the COUNTY and No Name Key Property Owner's Association, Inc. in
this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be
required to contain any provision for waiver.
13. INDEMNIFICATION. No Name Key Property Owner's Association, Inc. hereby hold harmless,
indemnify and defend the COUNTY and its commissioners, officers, employees, and agents from
any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) arising from any injury or damage in connection with this Agreement.
ROAD ADOPTION AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first date above
written.
NO NAME KEY PROPERTY BOARD OF COUNTY COMMISSIONERS
OWNER;!�ASSOCIATIONJNC. MONROE COUNTY FLORIDA
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ATTEST: DANNY L. KOLHAGE. CLERK
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Deputy clerk;
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