HomeMy WebLinkAboutAdopt-A-Beach Program'Southold Town Board - Letter
Board Meeting of April 21, 2009
RESOLUTION 2009-342
ADOPTED
Item # 5.36
DOC ID: 4960
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-342 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 21, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and
Coastal Steward Adopt-A-Beach Program regarding the organization of volunteer clean-up
programs on certain Town beaches, as prioritized by the Town Board, subject to the approval of
the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William Ruland, Councilman
AYES: Rulan~, Orlando, Krupski fir., Wickham, Evans, Russell
Generated April 22, 2009
Page 48
,MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finnegan @town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
May 28, 2009
Coastal Steward
Adopt-A-Beach Program
6 Audrey Street
Port Jefferson Station, NY 11776
2009
Attention: Captain David Johnson, Director
RE: Sponsor-A-Beach Agreement w/Town of Southold
Dear Captain Johnson:
I am enclosing the referenced Agreement, which has been executed by
Supervisor Russell in connection with the referenced matter. Once this Agreement has
been countersigned and dated by your firm, kindly return a fully executed copy to the
undersigned for our records.
If you have any questions regarding this matter, please do not hesitate to call me.
Thank you for your attention.
Very truly yours,
Secretary to the Town Attorney
/Ik
Enclosures j
cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl.)
ORIGINAL
SPONSOR-A-BEACH AGREEMENT
Agreement entered this I day of ~_~_, 2009, between Coastal Steward, Inc. ("CS")
and the Town of SouthoM ("Town").
RECITALS
Whereas, Coastal Steward is a 501 (c)(3) non-profit environmental restoration organization.
Whereas, CS brings together community volunteers, sponsors, businesses, and local and regional
governmental agencies to reverse the decline of the coastal environment.
Whereas, the Sponsor-a-Beach program is a mechanism whereby individuals and organizations
can support coastal restoration, receive recognition for their support, and receive a tax deduction.
lfhereas, participating municipalities receive a percentage of the sponsorship fee for their
participation.
Therqfore, in consideration of the mutual covenants set forth below, the parties hereby agree as
follows:
1. SPONSORSHIP: CS shall solicit individual and organizational sponsors to make tax
deductible donations to CS: Sponsor-A-Beach. Sponsors support TRASH COLLECTION at a
public or private beach of their choice. CS shall post signs at the site to acknowledge sponsors,
as permitted by the beach owner.
2. CS shall provide to the Town 10% of sponsorship fees collected during the term of this
contract for SAB clean-ups within the Town.
3. RECRUIT, TRAIN, AND RETAIN VOLUNTEERS: CS shall recruit individuals and
community groups for beach clean-ups. CS shall train volunteers in general safety precautions,
as well as in data collection, including identification of debris, methods, etc.
4. TRASH COLLECTION: CS shall secure all required permits for clean-up activities. CS
shall notify Town at least 30 days prior to date of each clean-up activity to arrange for required
DEBRIS REMOVAL. CS shall organize volunteers to perform clean-up on specified day, and
provide on-site management and organization of all TRASH COLLECTION activities. CS
volunteers shall collect debris from coastal waterfront locations. CS may classify debris and
record data regarding its nature and quantity for later analysis.
5. PARTNER WITH OTHERS: CS may coordinate with municipalities, local
organizations, and businesses for in-kind support. In-kind support may include, but is not
limited to, items such as manpower, trucks and heavy machinery, trash bags and cans, protective
clothing, tools, portable toilets, and signage.
6. EDUCATE OTHERS: CS shall collect and compile data on nature and quantity of debris
collected from each beach. CS may analyze and summarize data, and post for public viewing on
CS website. CS may post signs at beach to educate beach-goers about marine environmental
restoration efforts.
7. LIABILITY: CS shall maintain liability insurance coverage, and will name the Town as
an additional covered pm'ty. CS will provide a certificate of insurance to the Town annually or at
the request of the Town.
8. DEBRIS REMOVAL: Town shall provide for and deliver dumpster(s) and/or trash
containers to designated beach within three days of scheduled clean-up. Town shall remove any
and all dumpsters and trash container within thre~ days of completion of scheduled clean-up.
Town may recycle debris whenever possible. Town shall provide CS with information such as
weight, etc. about the debris.
9. PERMITTING: Town shall allow CS to place signs on cleaned beaches to educate beach
goers and acknowledge sponsors, as permitted by owner of property.
10. EXCLUSIVITY: Town will not contract with any other organization for beach cleanup
sponsorship programs.
11. TERM: This agreement shall be in effect for three years, from ~[-cttuL [, 2009 to
~, 2012. This agreement is automatically renewed for an additional term of one year
unless either party gives notice to the other in writing at least thirty days prior to the termination
date.
12. LIABILITY/DAMAGES: Upon termination by either party, the Town shall be
responsible for any sponsorship fees actually committed to CS on or before receipt of notice of
termination and the actual cost of DEBRIS REMOVAL at beach clean-ups scheduled on or
before receipt of notice of termination.
13. FORCE MAJEURE: Neither party shall be held responsible if the fulfillment of any
terms or provisions of this contract are delayed or prevented by revolutions or other disorders,
wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing, by any other
cause not within the control of the party whose performance is interfered with, and which by the
exercise of due diligence, the party is unable to prevent, whether of the class of causes
hereinbefore enumerated or not.
14. SEVERABILITY: The invalidity, in whole or in part, of any term of this agreement does
not affect the validity of the remainder of the agreement.
SIGNED ~.~t M£ _, 2009
Coastal Steward, Inc.
6 Audrey Street
Portfllcfferson St~ion,/New York 11776
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