CONTRACT TO FULFILL CLEARWATER GREENPRINT PLANCONTRACT
THIS CONTRACT, entered into this 29 day of June , 2020, by and between
the CITY OF CLEARWATER, a Florida municipal corporation ("City"), P.O. Box 4748,
Clearwater, Florida 33758 and Living Roots Eco Design LLC, a Florida corporation ("LRED"),
1567 Sandy Lane, Clearwater, FL 33755.
WHEREAS, the City is committing to providing public education for sustainable practices
such as composting to fulfill its Clearwater Greenprint plan.
WHEREAS, LRED agrees to create engaging content on backyard composting for virtual
classes and agrees to provide in-person classes if requested.
NOW THEREFORE, in consideration of the promises stated herein, the City and LRED
mutually agree as follows:
1. SCOPE OF PROJECT.
LRED agrees to provide composting class services under the terms and conditions set
forth in the Scope of Work, attached hereto as Exhibit A — Scope of Work and incorporated by
reference.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on July 1st, 2020 and end December 31, 2020.
3. COMPENSATION.
The City will pay LRED a sum not to exceed $1,300.00 as described in Exhibit A,
inclusive of all reasonable and necessary direct expenses. The City may, from time to time,
require changes in the scope of the project of LRED to be performed hereunder. Such
changes, including any increase or decrease in the amount of LRED's compensation and
changes in the terms of this Contract which are mutually agreed upon by and between City and
LRED shall be effective when incorporated in written amendment to this Contract.
4. METHOD OF PAYMENT.
LRED's invoices shall be submitted to the City for approval for payment on a Net 30
basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act
F.S. 218.70.
The City's performance and obligation to pay under this Contract is contingent upon an
annual appropriation of the City's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this Contract shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify
to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the
fifth (5th) business day after the day on which such notice is mailed and properly addressed.
Living Roots Eco Design City of Clearwater
Amanda Streets Sheridan Boyle
Name Name
Owner Sustainabilitv Coordinator
Title Title
1567 Sandy Ln P.O. Box 4748
Clearwater FL 33755 Clearwater, Florida 33758
Address
(727) 488 - 9750 (727) 562 - 4003
Telephone # Telephone #
n/a n/a
Facsimile # Facsimile #
6. TERMINATION OF CONTRACT.
The City reserves the right to terminate this Contract in part or in whole upon thirty (30)
calendar days' written notice. Upon termination, LRED will be paid in accordance with the fees
set forth in Exhibit A — Scope of Work. The City will make final payment within thirty (30)
calendar days after the City has both completed its appraisal of the services provided and
received LRED's properly prepared final invoice.
7. INDEMNIFICATION AND INSURANCE.
LRED agrees to defend, indemnify, and hold the City, its officers, agents, and
employees, harmless from and against any and all liabilities, demands, claims, suits, losses,
damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and
expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting
from: (i) the services provided by LRED under this Contract; (ii) any negligent acts, errors,
mistakes or omissions by LRED; and (iii) LREDs failure to comply with or fulfill the obligations
established by this Contract. Nothing contained herein is intended to serve as a waiver by the
City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in
Section 768.28, Florida Statutes, or be construed as consent by the City to the sued by third
parties.
During this Contract, LRED shall maintain General Liability Insurance and shall furnish a
Certificate of Insurance to the City upon request. LRED shall add the City as an additional
insured to its General Liability policy if requested.
8. PROPRIETARY MATERIALS.
Upon termination of this Contract, LRED shall transfer, assign and
make available to City or its representatives all property and materials in LRED's possession
belonging to or paid for by the City.
Page 2 of 6
9. INTERESTS OF PARTIES.
LRED covenants that its officers, employees and shareholders have
no interest and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance and/or provision of services required under the terms
and conditions of this Contract.
10. CONFORMANCE WITH LAWS.
LRED agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own attorney fees and
costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth
above.
Attest:
Living Roots Eco Design
By: A41 V vr`‘6‘ 447UA4
Print Name: Print Name: riVh0AA,4 Sym
Secretary Title: OW AU
Approved as to form:
CITY OF CLEARWATER, FLORIDA
William B. Home II
City Manager
wen Kohler : Rose arie Call
Assistant City Attorney
City Clerk
Page 3 of 6
Exhibit A — Scope of Work
City of Clearwater Compost Bin Giveaway Program
Composting Classes
Dates of Service
This agreement is between City of Clearwater "Client" and Living Roots Eco Design, LLC, dba
Pinellas Community Composting Alliance, for the provision of composting classes offered in
conjunction with the compost bin giveaway program. The dates of service are July 1, 2020
through December 31, 2020.
Scope of Work
Living Roots Eco Design, dba Pinellas Community Composting Alliance "LRED" will provide
the following:
- Curriculum Materials - Power Point presentation and full-color printable guide to
composting
- Instruction for 12 composting classes "Classes" both live and virtual
- Virtual "Question and Answer" sessions for bin recipients
Summary of the Compost Bin Giveaway Program:
The City of Clearwater is piloting a compost bin giveaway program ("Program") to offer
residents a backyard compost bin
Contractor Responsibilities:
LRED will prepare Class Curriculum including Class content, a printable educational brochure
and topics for the live Question and Answer session.
LRED will participate in the filming of a class to be distributed as a recording.
LRED will teach live composting classes in person.
LRED will lead virtual Composting Question and Answer sessions via Zoom or other agreed
upon webinar platform approximately one month after the compost bins have been distributed to
check in with compost bin recipients.
LRED will develop curriculum including a Power Point presentation and full-color guide to
composting. These curriculum resources shall be submitted to Client for approval by July 24,
2020. The curriculum topics will consist of:
- Introduction to the program;
- Components of a healthy ecosystem — water quality, soil health, plant health, bio-
diversity;
- What is compost and how to make it (steps, care, basic troubleshooting);
- Best practices for composting including placement, local regulations, and pest/odor
avoidance;
- How to use your city bin — graphics and a demonstration with a small model compost
bin; and
- How to use compost — gardening, landscape, lawns, containers.
LRED will supply a laptop, HDMI cable, presentation, and sign in sheet for each live Class.
Page 4 of 6
LRED will arrive at each live Class location 30 minutes early to set up technology, place a sign
in sheet, and prepare. LRED will stay at each Class location until the attendees have had
questions answered, and bins collected, not to exceed 30 minutes after each class.
LRED will provide the sign in sheets to Client electronically within two days of each Class and
will keep the paper version to provide if requested by Client.
LRED will supply verification of insurance and other documents as requested by Client.
City of Clearwater Responsibilities:
Client will provide media guidelines to LRED including preferred language, graphics and
policies for sharing or listing of Classes and bin giveaway program.
Compost Classes:
Client will schedule all classes and confirm the dates, room numbers and provision of technology
equipment in the classrooms with the venues prior to the date of each Class. This includes a
projector and screen with power access. If no projector is provided, the Power Point presentation
will not be included in the class.
Client will create, manage and advertise Class sign up.
Client will determine eligibility of attendees. (Please see exception for additional option.)
Client will review and provide written approval of curriculum materials.
Client shall provide printed materials for attendees if desired.
Client will inform LRED of any insurance or policy information that is required for this position
by July 24, 2020.
Bins.
Client will purchase, store and deliver the compost bins to the designated collection sites prior to
the start of the event. The bins will be secured by them (or not secured) as they see fit. As often
as possible, client will inform both LRED and the attendee of any attendees who are NOT
eligible to receive bins. At the conclusion of each Event, Client will secure or remove any
remaining bins from the Class site.
Client will provide resources on their website directing residents about what to do if they have
questions about their bin or if they would like to return or request a bin. Client will answer any
questions related to this program.
Client will create and distribute e -surveys of the Class and Program.
Client will inform LRED of any policies, ordinances or rules associated with backyard
composting within the City of Clearwater and unincorporated Clearwater.
Fee Schedule
Client will pay to LRED $100 per live Class, $300 for the initial filming, $50 per Question and
Answer webinar, $50 per pre-recorded class when it airs, and a $300 initial fee for curriculum
development.
Payment shall occur monthly. LRED will send an e -invoice for payment to
sheridan.boyle@myclearwater.com
Exceptions
Page 5 of 6
Once the curriculum has been developed and agreed upon by Client, there will be an additional
$100 expense for any modifications to the curriculum (with the exception of correction of errors
on the part of LRED).
If Client would like to refer residents to LRED for composting help beyond the agreed upon
series of Classes, such as by offering a "Call for Compost Help Line" or clickable link to
"Contact an Expert," by providing LRED's contact information (email or phone number), we
will need to discuss this option. This does not include the referral to or use of our Facebook
composting support group "COMPOST Tampa Bay" as it is open to the general public to join,
nor does it include organic contact, such as through LRED or PCC's website.
If LRED is asked to review information from Class attendees to determine eligibility for the bin
giveaway program, there will be an additional $30 per class cost. This would include reviewing
utility bills, zip codes or driver's licenses/state issued ID's.
In the event that this series is cancelled, LRED shall be paid in full for curriculum development,
any classes taught and a $200 cancellation fee.
In the event that any classes are postponed and reschedule after the agreed upon Dates of
Service, this agreement will be considered extended until all classes are held.
Completion Criteria
LRED accomplishes the activities described in the Scope of Work and payment has been
rendered for all services during this Compost Bin Giveaway program.
Page 6 of 6