03/21/2001 Agreement
ADOPT-A-SHORE AGREEMENT
THIS AGREEMENT entered into this 2/ ~ day of (V\ ~ ' 2001,
between the BOARD OF COUNTY COMMISSIONERS of MONROE COUNTY, FLORIDA
(hereinafter referred to as "COUNTY"), 500 Whitehead Street, Key West, Florida 33040, PARADISE
PADDLERS (hereinafter referred to as "PADDLERS"), Post Office Box 1657, Key Largo, Florida
33037, and KEEP FLORIDA BEAUTIFUL, INC. (hereinafter referred to as "KFB"), 2615 North
Monroe Street, Suite 200, Tallahassee, Florida 32303-4027
WHEREAS, the legislature, through the Solid Waste Management Act of 1988 (F.S. 403.4131,
Section 55 (I), has encouraged the implementation oflitter removal programs specifically Adopt-a-Shore;
WHEREAS, KFB, a non-profit, environmental corporation, has been charged with developing
the statewide Adopt-A-Shore program and is dedicated to developing and implementing and
implementing statewide incentive programs designed to motivate individual citizens, local organizations,
local governments, and other groups interested in participating in litter prevention program activities;
WHEREAS, PADDLERS wishes to adopt and remove marine debris and litter from the
shoreline along Atlantic Boulevard between Garden Cove Road and Loquat Road (see attached Exhibit
"A"); and
WHEREAS, the COUNTY is in need of marine debris and litter removal from the shoreline
along Atlantic Boulevard between Garden Cove Road and Loquat Road,
NOW THEREFORE, for good and valuable consideration the receipt of which is hereby
acknowledged, the parties agree to the mutual covenants below:
1. CONTRACT PERIOD. This Agreement shall commence on ~~ ~I ,
2001 and shall remain in full force and effect for a two-year period. The COUNTY,
PADDLERS, or KFB may terminate this agreement for any reason upon proper written
notice of termination pursuant to paragraph 4.
2. SCOPE OF AGREEMENT.
A. COUNTY shall grant PADDLERS access to property for marine debris/litter
removal purposes.
B. KFB shall:
1. Provide statewide coordination of the program and training.
11. Provide official Adopt-A-Shore program recognition for PADDLERS.
c. PADDLERS shall:
1. Adopt, in most cases, a minimum of a one-mile section of shoreline.
11. Remove debris/litter at least three times a year with one cleanup to
coincide with the Great Florida Cleanup held in April.
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IX.
Perform debris/litter removal in accordance with the environmental and
safety requirements provided by KFB as outlined in the guidelines
provided.
Dispose of bagged trash properly. Separate trash and recyclables if
possible,
Provide adequate adult supervision of youths during cleanups.
Appoint an Adopt-A-Shore representative for PADDLERS. This person
must be an adult.
Complete and send report forms to designated KFB coordinator or KFB
within 10 days of the event and during the Great Florida Cleanup. Keep
accurate data during each cleanup on the official KFB, Inc. Data
Reporting Form and send the completed report form to the Adopt-A-
Shore local area coordinator. In the absence of a local coordinator, the
report form should be sent to KFB.
Adopters will notify the COUNTY 14 days prior to each cleanup and
confirm notification in writing. Questions regarding property ownership
should be directed to the KFB Adopt-A-Shore Coordinator at (800) 688-
1959. A copy of the written notification shall be sent to the Adopt-A-
Shore local area coordinator. In the absence of a local coordinator, a
copy of the written notification shall be sent to KFB.
Protect and respect all property and natural resources.
3. TERMINATION. This Agreement can be terminated by any party hereto without cause,
provided that sixty (60) days' prior written notice is given to the other parties. COUNTY
may terminate immediately upon providing to PADDLERS and KFB written notice of
termination for noncompliance with the requirements herein.
4. VOLUNTEERS. PADDLERS 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 PADDLERS for the duration of this
Agreement.
5. 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.
6. COMPLIANCE WITH LAWS. In providing all services to the Agreement,
PADDLERS 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 PADDLERS and KFB.
7. INDEPENDENT CONTRACTOR. While providing services under this Agreement,
PADDLERS is an Independent Contractor and not an officer, employee or agent of the
COUNTY.
8. INDEMNIFICATION. PADDLERS covenants and agrees that it will indemnify and
hold harmless the COUNTY, KFB, and any agencies and all their officers, agents, and
2
employees from any claim, loss, damage, cost, charge, or expense arising out of any act,
action, neglect, or omission by PADDLERS during the performance of the agreement,
whether direct of indirect, and whether to any person or property to which the COUNTY,
or said parties may be subject, except that neither PADDLERS nor any of its members
shall be liable under this provision for damages arising out of injury or damage to persons
or property directly caused or resulting from the sole negligence of the COUNTY, KFB,
and its member agencies, any maintaining agencies, all their officers, employees, or
agents. This section does not constitute a waiver of any member agency's sovereign
immunity.
9. SIGNATORY. Each of the signatures for the parties below certifies and warrants that
they are empowered to act and contract for PADDLERS and KFB; and that, if a
corporation, this agreement has been approved by the Board of Directors of said
corporation.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the first date
above written.
PARADISE PADDLERS
OARD OF COUNTY COMMISSIONERS
MbNROECOUNTYFLO~DA
By:
KEEP FLO~DA BEAUTIFUL, INC.
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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(signature)
Date: 'i. - ~ ~ - 0 /
STATE OF S~tt:Y:tl
COUNTY OF -M,ek) t't..J) G
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~~ C A \Dt9-<-L (name of individual signing) who, after first being
~worn by me, affixed hislher signature in the space provided above on this .2 3 day of
ftPfUL- ,20!!L.
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~""'..~ ELIOT E. CORTES
oP., MY COMMISSION # CC 735403
'f:,~f>' EXPIRES: 04/20/2002
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1.800-3.NOT ARY Fl., Notary Services & Bonding Co,
NOTARY PUBLIC
My commission expires: tt('- #-0 . ~~1--
OMB - MCP FORM #4
RELEASE OF LIABILITY AND MEDICAL CLAIMS
FOR INDIVIDUALS WHO VOLUNTEER OR PARTICIPANT IN ACTIVITIES ON
MONROE COUNTY OWNED/CONTROLLED LAND
In consideration of my participation in an activity on land owned or controlled by The
Monroe County Board of County Commissioners, I agree that I am engaging in said
activity at my own risk. I further stipulate that I hereby waive, release, indemnify and
hold harmless, the Monroe County BOCC 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), which arise out of, in connection with, or by reason of the use of County
owned/controlled property.
Location of Activity 00JrJe..v'\. CJJ ure I ~ L~o
Name of Activity: c:Q..e c:v{\ u f .r rGfVt o\rcJ of (d01 oJ- de IonJ
Date of Activity: {~X ye.cur (JClA'\.' Av y; ( d- s: ep I- )
Name of Participant: m 0 V\ i (~ W 0 l\ / Pt<.-A'l'{ cil J e PAJl (ea
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Signature of Participant: f\~ uJ ~
Date: ~ - ~ ~ - 0 /
:., EXHIBIT "A"
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