CONTRACT FOR CLEANUP AND BEAUTIFICATION ACTIVITIES IN THE CITYCONTRACT
THIS CONTRACT, entered into this (o"`" day of N etf 2023, by and between
the CITY OF CLEARWATER ("City"), a Florida municipal corporation, P.O. Box 4748,
Clearwater, Florida 33758 and KEEP PINELLAS BEAUTIFUL, ("Corporation"), a Florida
not-for-profit corporation, 5090 66th Street North, St. Petersburg, Florida 33709, and
collectively as "Parties".
WHEREAS, the Corporation is the local affiliate of Keep America Beautiful, a not-
for-profit corporation that is the largest community improvement organization in the
United States, and operates the Keep America Beautiful national network of affiliates;
WHEREAS, the Corporation is a 501(c)(3) corporation registered to do business
in Florida whose daily operations are managed by an executive director who reports to
a volunteer board composed of local business and civic leaders;
WHEREAS, the Corporation is heavily involved in cleanup and beatification
activities in the City.
NOW THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, the Parties agree that the above terms, recitals,
and representations are true and accurate and are incorporated herein by reference, and
the Parties further agree as follows:
1. SCOPE OF PROJECT.
The Corporation agrees to provide litter prevention and abatement, adopt a
community program, education, and beautification programs, and as more fully described
in attached Exhibit A.
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2. TIME OF PERFORMANCE.
The Contract Term shall commence on April 1, 2023, and end December 31, 2023.
This Contract shall supersede all prior contracts. Since January 1, 2023, the Parties
have been operating on a month-to-month basis in accordance with the terms and
conditions of the previous contract (Term: January 1, 2022 until December 31, 2022).
The Parties hereby accept, acknowledge, and agree to be bound by the terms and
conditions of that previous contract (Term: January 1, 2022 until December 31, 2022),
from January 1, 2023 until March 31, 2023.
3. COMPENSATION.
The City agrees to pay the Corporation a sum not to exceed $50,000.00 as more
fully described in attached Exhibit A. Payment will be made no later than April 30, 2023.
4. 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.
KEEP PINELLAS BEAUTIFUL
Patricia A. DePlasco
Executive Director
5090 66th Street' North
St. Petersburg, FL 33709
727.533.0402
pdeplascoCa7kpbcares.orq
CITY OF CLEARWATER
Art Kader
Parks and Recreation Interim Director
P.O. Box 4748
Clearwater, FL 33758
727.562.4824
art. kaderamVclea rwate r. com
Page 2 of 6
5. INSURANCE REQUIREMENTS.
Commercial General Liability Insurance coverage, including but not limited to,
premises operations, products/completed operations, products liability, contractual
liability, advertising injury, personal injury, death, and property damage in the minimum
amount of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired
or borrowed automobile is required in the minimum amount of $1,000,000.00 combined
single limit. Unless waived by the State of Florida and proof of waiver is provided to the
City, statutory Workers Compensation Insurance coverage in accordance with the laws
of the State of Florida, and Employer's Liability Insurance in the minimum amount of
$500,000.00 each employee each accident, $500,000.00 each employee by disease, and
$500,000.00 disease policy limit. Prior to the execution of this Agreement, and then
annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long
as this Agreement remains in effect, the Corporation will furnish the City with a Certificate
of Insurance(s), appropriate ACORD certificate, SIGNED by the Issuer, and with
applicable endorsements evidencing all of the coverages set forth herein and naming
the City as an "Additional Insured" on the Commercial General Liability Insurance and
Auto Liability policies. Upon request, the Corporation will provide the City with certified
copies of all applicable policies. The Corporation shall provide thirty (30) days written
notice of any cancellation, non -renewal, termination, material change or reduction in
coverage. The Corporation's insurance as outlined herein shall be primary and non-
contributory coverage for Corporation's negligence. The stipulated limits of coverage
above shall not be construed as a limitation of any potential liability to the City, and City's
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failure to request evidence of this insurance shall not be construed as a waiver of the
Corporation's obligation to provide the insurance coverage specified.
6. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, the Corporation shall act as an
independent contractor and agrees to assume all risks of providing the program
activities and services herein agreed and all liability therefore, and shall defend,
indemnify, and hold harmless the City, its officers, agents, and employees from and
against any and all claims of loss, liability and damages of whatever nature, to
persons and property, including, without limiting the generality of the foregoing, death
of any person and loss of the use of any property, except claims arising from the
negligence of the City or the City's agents or employees. This includes, but is not
limited to, matters arising out of or claimed to have been caused by or in any manner
related to the Corporation's activities or those of any approved or unapproved invitee,
contractor, subcontractor, or other person approved, authorized, or permitted by the
City whether or not based on negligence. Nothing herein shall be construed as consent
by the City to be sued by third parties, or as a waiver or modification of the provisions
or limits of Section 768.28, Florida Statutes, or the Doctrine of Sovereign Immunity.
7. INTERESTS OF PARTIES.
The Corporation 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.
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8. CONFORMANCE WITH LAWS.
The Corporation agrees to comply with all applicable federal, state, and local laws
during the life of this Contract. The Corporation shall be responsible for obtaining and
maintaining any licenses, permits, documents, or other permissions necessary for its
operation.
9. 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.
10. DEFAULT
Failure or refusal by the Corporation or its members to perform or do any act herein
required shall constitute a default. In the event of a default, in addition to any other
remedy available to the City, the City, upon thirty (30) days written notice, may terminate
this Contract. Such termination does not waive any other legal remedies available to the
City, including the repayment of all monies paid by the City to the Corporation during the
term of this Contract.
[Remainder of Page Left Blank Intentionally]
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IN WITNESS WHEREOF, the Parties have caused this Contract to be signed in its
corporate/legal name by its authorized representatives or persons authorized to execute
this Contract on the date and year first above written.
KEEP PINELLAS BEAUTIFUL
Name
Title;*. e�u�s-Q.`c.c
Attest:
Name
Title pg- egyy1 COarc t i'VA.k- o le -
CITY OF CLEARWATER
Jennife oirrier
Interim City Manager
App p (ed as to form: Attest:
Owen Kohler
Lead Assistant City Attorney
Rosemarie Call
City Clerk
Page 6 of 6
KEEP AMERICA BEAUTIFUL AFFILIATE
The mission of Keep Pinellas Beautiful is
to conserve and beautify our natural environment
by means of community engagement and education.
Exhibit A
KPB FY 22-23 Program Proposal for the City of Clearwater
Request for Services: $50,000 per year
1. Litter prevention and abatement:
Goal: To provide litter prevention and abatement initiatives through public land
(beach/park/community) clean-up events in an effort to reduce litter throughout the City of Clearwater.
KPB County Standard: Two major cleanup events per year
• Great American Cleanup (Spring - March) - 2 site minimum
• International Coastal cleanup (Fall - October) - 2 site minimum
Contract Deliverables:
• In addition to the county standard listed above, KPB will provide minimum of 5 special event
cleanups in coordination with City of Clearwater Solid Waste Department per year.
KPB will provide monthly program data (i.e. volunteers engaged, volunteer hours logged, education
topics presented, lbs. of litter abated, etc.) associated with all litter abatement initiatives within the City
of Clearwater.
City of Clearwater support:
The City of Clearwater department of Solid Waste will assist with trash disposal through preapproved
project coordination.
2. Adopt a Community Program
Goal: To decrease litter within the City of Clearwater through citizen action and the adoption of
communities for litter removal.
The Community Adoption Program involves identifying a 1 -mile radius of a public facility (i.e. school,
church, business) and empowering citizens to take responsibility and execute personal cleanups four
times a year. KPB will support these efforts by providing the groups with safety training, supplies and
best practices. KPB will recruit participants as well as follow up with referrals from the City of Clearwater
Neighbor Relations Department.
Contract Deliverables:
• KPB will offer citizens within the City of Clearwater the opportunity to "Adopt" their Community.
• KPB will recruit 3 new adoptees per year.
Keep Pinellas Beautiful 0 5090 66th St. North 0 St. Petersburg, FL 33709
(727)-533-0402
Info@kpbcares.org
KEEP AMERICA BEAUTIFUL AFFILIATE
The mission of Keep Pinellas Beautiful is
to conserve and beautify our natural environment
by means of community engagement and education.
KPB will provide monthly data (i.e. volunteers engaged, volunteer hours logged, lbs. of litter abated,
miles cleaned, etc.) representing litter abatement efforts within the City of Clearwater.
3. Education:
Goal: To encourage environmental stewardship throughout the City of Clearwater through educational
presentations and outreach initiatives.
KPB County Standard:
KPB will provide litter prevention and waste reduction education presentations to the community
members, youth, and businesses/civic organizations throughout the City of Clearwater.
Contract deliverables:
• KPB will promote ocean -friendly practices and recycling education at a minimum of 4 city -
events.
• KPB will provide educational presentations at Clearwater schools. In addition to waste reduction
and litter prevention presentations topics will include; composting, gardening, habitat health,
etc. Recycling education will be a KPB priority. KPB will provide a minimum of 5 school
presentations per year.
• KPB will provide online curriculum for students that can be used by Clearwater teachers. KPB
will provide sustainability related topics as video presentations for distribution to schools in
addition to in-person presentations.
KPB will provide monthly data (i.e. number of presentations, volunteers educated, education topics
presented, etc.) representing education efforts within the City of Clearwater.
4. Beautification Programs:
Goal: To provide beautification initiatives to enhance the natural beauty and health of habitat
throughout the City of Clearwater.
Contract deliverables:
• With the support of the City of Clearwater to provide design guidance/assistance as needed to
ensure that expectations are met. KPB will lead beautification projects including native garden
plantings, invasive removals, habitat restoration effort, and other similar activities.
• KPB will assist the City with future urban agriculture programs by providing: beautification
education, volunteers and tools to aid the City with the installation of new community gardens
or other public urban agriculture projects.
Keep Pinellas Beautiful 0 5090 66th St. North 0 St. Petersburg, FL 33709
(727)-533-0402
Info@kpbcares.org
KEEP AMERICA BEAUTIFUL AFFILIATE
The mission of Keep Pinellas Beautiful is
to conserve and beautify our natural environment
by means of community engagement and education.
KPB, prior to commencing any activities or programs in City of Clearwater parks, public spaces and
recreational facilities included as described in the attached inventory (attachment A) shall receive
permission and work in coordination/conjunction with a designated representative from the City of
Clearwater Parks & Recreation Department.
Keep Pinellas Beautiful 0 5090 66th St. North 0 St. Petersburg, FL 33709
(727)-533-0402
Info@kpbcares.org
KEEP AMERICA BEAUTIFUL AFFILIATE
The mission of Keep Pinellas Beautiful is
to conserve and beautify our natural environment
by means of community engagement and education.
Keep Pinellas
Beautiful
Cleanup Events
Great American
Cleanup
International Coastal
Cleanup
Community Cleanups
Adopt a Community
Education
Presentations/Video
presentations
Outreach events
Beautification
2022/2023 Deliverables
Category
Litter Prevention and
abatement/Community
Improvement/cleanups
Community Improvement/cleanups
Community Improvement/cleanups
Community Improvement/cleanups
Environmental Education, litter prevention,
waste reduction, conservation,
beautification
Environmental Education, litter prevention,
waste reduction, conservation,
beautification
Beautification initiatives: invasive plant
removals, tree and garden plantings
Required
(minimum)
Minimum of 2
sites
Minimum of 2
sites
Minimum of 5
sites
Minimum of 3
neighborhoods
Minimum of 5
presentations
Minimum of 4
per year
2 projects per
year
Data
# volunteers, volunteer hours, weight litter
abated, educational topic
# volunteers, volunteer hours, weight litter
abated, educational topic
# volunteers, volunteer hours, weight litter
abated, educational topic
# volunteers, volunteer hours, weight litter
abated, educational topic
Educational topic, Adult/Youth, # of
presentations # volunteers, volunteer hours,
Promote ocean friendly practices for students,
teachers and the general public
# volunteers, volunteer hours, weight invasive
plants removed, identify the # and type of plants
installed, educational topic
Keep Pinellas Beautiful 0 5090 66th St. North 0 St. Petersburg, FL 33709
(727)-533-0402
Info@kpbcares.org