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LITTER PREVENTION AND ABATEMENT, ADOPT A COMMUNITY PROGRAM, EDUCATION AND BEAUTIFICATION PROGRAM CONTRACTCONTRACT THIS CONTRACT, entered into this /ay of November 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 beautification 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. Page 1 of 6 2. TIME OF PERFORMANCE. The Contract Term shall commence on January 1, 2024, and end December 31, 2024. This Contract shall supersede all prior contracts. 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 within 30 days of receipt of approved invoice. 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 pdeolascoCa�kpbcares.org CITY OF CLEARWATER Art Kader Parks and Recreation Director P.O. Box 4748 Clearwater, FL 33758 727.562.4824 art.kader aC.myclearwater.com 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 Page 2 of 6 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 fumish the City with a Certificate of lnsurance(s), appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements evidencing ail 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 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 Page 3 of 6 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. 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 Page 4 of 6 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 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] Page 5 of 6 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 4:)(2-EA;A:0, Name 'rkec eptgSGb Title ce ; .,;c ,pr Attest: jail M Name an '"a tson Title pRo Pahl Coo'kisna}-p- CITY OF CLEARWATER Je fiifr t'Poirrier City Manager lR Melissa Isabel City Attorney rt fi LI -La 1.(L*. Rosemarie Call City Clerk Page 6 of 6 Exhibit A KPB 2024 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 Count/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 the following_additional cleanups in coordination with City of Clearwater Parks Department per year. Clearwater Specific Events • Big Clearwater Cleanup (Nov- 25 site minimum) • The Big Cleanup Clearwater Monthly Series (1 per month/12 per year) • KPB will coordinate private cleanup requests within the City of Clearwater (min. of 5) • After 4th of July beach cleanup 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 will recommend sites for event cleanups. • The City of Clearwater will assist with trash disposal through preapproved project coordination. • The City of Clearwater Parks and Rec and Sustainability departments will assist with communications, coordination, and liaison support for the Big Cleanup Clearwater. • The City of Clearwater Parks Department will provide "Big Clearwater Cleanup" T shirts annually. • The City of Clearwater Neighborhoods Department will assist KPB in informing the Neighborhood Associations about the Big Clearwater Cleanup events and community adoptions. 2. Adopt -a- Program: Goal: To decrease litter within the City of Clearwater through citizen action and the adoption of communities for litter removal. KPB will recruit participants, empower 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. Contract Deliverables: • KPB will offer citizens within the City of Clearwater the opportunity to "Adopt" a mile, roadway (County Road) and Pinellas Trail, watergoat, pond, coast (Hotel/Eco-Partnership program) and/or community. Any KPB adoptions require prior approval from the City of Clearwater Parks and Recreation department. • KPB will refer new adoptees for the City's Adopt a Park, Street and Trail programs. KPB will provide monthly data (Le. 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 Countv 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. 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 (Le. 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 providing 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. 5. Litter Hotline: KPB will provide the Litter Hotline services within the City of Clearwater. • Residents can report litter/illegal dumping in their own neighborhoods by calling the KPB Litter Hotline. • KPB Litter Hotline -727-210-4663 (GONE) 6. KPB Responsibility Keep Pinellas Beautiful, 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 Deliverable Great American aeanup International Coastal Cleanup Community Cleanups Big Clearwater Cleanup & Big Cleanup Clearwater Monthly Series Adoption Education Presentations/Video presentations Outreach events Beautification 2023/2024 Deliverables Category Utter Prevention and abatement/Community Improvement/clean ups Community Improvement/clean ups Community Improvement/cleanups Community Improvement/cleanups KPB Community improvement/cleanups Environmental Education, litter prevention, waste reduction, conservation, beautification Required (minimum Minimum of 2 sites Minimum of 2 sites Minimum of 5 sites Minimum of 25 sites 1 cleanup per month KPB will promote City of Clearwater Adoptions +linimum of 5 Environmental Education, litter prevention, waste reduction, Minimu conservation, beautification Beautification initiatives: invasive plant removals, tree and garden plantings es Data II volunteers, volunteer hours, weight litter abated, educational topic # volunteers, volunteer hours, weight litter abated, educational topic jvolunteers, volunteer hours, weight litter abated, educational topic it volunteers, volunteer hours, weight litter abated, educational topic # volunteers, volunteer hours, weight litter abated, educational topic Educational topic, Adult/Youth, ns 11 of presentations # volunteers, volunteer hours Promote ocean friendly of 4 per year practices for students, teachers and the general public Minimum of 2 projects per year tt volunteers, volunteer hours, weight invasive plants removed, identify the t# and type of plants installed, educational topic IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized officers and/or officials and agree to be bound by its terms. CITY 01? CLEARWATER (CITY) By: Name: Title: Date: KEEP PINELLAS BEAUTIFUL (KPB) BY: t' . `": A 4rf L� t`�Gt+56,- Name: t hRSC , `�) i, 0r �'/Il►'E,C����CLt�F+7 4.74G. Title: E�C.. L 1210(4Z-3 Date: Ikc3