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CONTRACT TO PROVIDE LITTER PREVENTION AND ABATEMENTCONTRACT �l1 THIS CONTRACT, entered into this '-r day of December 2024, 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. 2. TIME OF PERFORMANCE. The Contract Term shall commence on January 1, 2025, and end December 31, 2025. 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. Page 1 of 6 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. DePiasco Executive Director 5090 66th Street North St. Petersburg, FL 33709 727.533.0402 pdeplascoAkpbcares.org CITY OF CLEARWATER Art Kader Parks and Recreation Director P.O. Box 4748 Clearwater, FL 33758 727.562.4824 art.kaderAmyclearwater.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 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 Employers 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 Page 2 of 6 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 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 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 Page 3 of 6 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 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. Name: C' ttT r i ry (print) Title:=Xt'C't LA t. . 4• — ..�� 1.i r .i Attest: Name: (print) Title: Countersigned: By: Je er oirrier City Manager Approved as to form: Melissa Isabel Assistant City Attorney KEEP PINELLAS BEAUTIFUL (sign) (sign) CITY OF CLEARWATER, FLORIDA Attest: Rosemarie CaII City Clerk Page 4 of 6 Exhibit A KPB 2025 Program Proposal for the City of Clearwater Request for Services: $50,000 1. Litter Prevention and Abatement: To provide litter prevention and abatement initiatives through public land (beach/park/community) cleanup events in effort to reduce litter throughout the City of Clearwater (COC). KPB County Standard: Two major cleanup events per year • Great American Cleanup (Spring, March -June) two sites minimum • International Coastal Cleanup (Fall, September — October) two site minimum Contract Deliverables: • In addition to the county standard listed above, KPB will provide the following additional cleanups in coordination with the COC Parks department per year. Clearwater Specific Events: • Big Clearwater Cleanup (Nov - 20 site minimum) • The Big Clearwater Cleanup Monthly Series (one cleanup at two sites per month - 24 cleanups per year) • KPB will coordinate private cleanup requests within the COC (Minimum of five per year) • After July 4th Cleanup KPB will provide monthly program data (i.e. volunteers engaged, volunteer hours logged, lbs. of litter abated, etc.) associated with all litter abatement initiatives within the COC. City of Clearwater support: • The COC will recommend sites for event cleanups • The COC will assist with trash disposal through preapproved project coordination • The COC Parks and Rec departments will assist with communications, coordination and support Big Cleanup Clearwater • The COC will provide Big Clearwater T shirts annually for volunteers The COC Neighborhoods Dept. will assist KPB in informing the City's Neighborhood Associations about the Big Clearwater Cleanup events and community adoptions 2. Adopt -A -Program: To decrease litter within the COC 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. 5 Contract Deliverables: • KPB will offer citizens within the COC 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 COC Parks and Recreation department. • KPB will refer new adoptees for the COC's Adopt a Park, Street and Trail programs. 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 COC. 3. Education: To encourage environmental stewardship throughout the COC 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 COC. Contract deliverables: • KPB will promote ocean friendly practices and recycling education at a minimum of four city -events. • KPB will provide educational presentations at Clearwater schools. In addition to waste reduction and litter prevention presentation topics will include; composting, gardening, habitat health, etc. KPB will provide a minimum of five 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. • Eco Hospitality partnership program KPB will provide monthly data (i.e. number of presentations, volunteers educated, education topics presented, etc.) representing education efforts within the COC. 4. Beautifications Programs: To provide beautification initiatives to enhance the natural beauty and health of habitat throughout the COC. Contract deliverables: • With the support of the COC providing design guidance/assistance as needed to ensure that expectations are met. KPB will lead beautification 6 projects including native garden plantings, invasive removals, habitat restoration effort, and other similar activities. • KPB will assist the COC with future urban agriculture programs by providing: Beautifications education, volunteers and tools to aid the COC 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 COC. • Residents can report litter/illegal dumping in their own neighborhood by calling the KPB Litter Hotline. • KPB Litter Hotline- 727-270-4663 (GONE) 6. KPB Responsibility Keep Pinellas Beautiful, prior to commencing any activities or programs in COC 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 2024/2025 Deliverables Deliverable Category Required (minimum) Data Great American Cleanup Litter Prevention and Abatement/Community Improvement/cleanups Minimum of 2 sites # volunteers, volunteer hours, weight litter abated, educational topic International Coastal Cleanup Community Improvement/cleanups Minimum of 2 sites # volunteers, volunteer hours, weight litter abated, educational topic Community Cleanups Community Improvement/cleanups Minimum of 5 sites # volunteers, volunteer hours, weight litter abated, educational topic After 4th of July Cleanup Community Improvement/cleanups Minimum of 1 site # volunteers, volunteer hours, weight litter abated, educational topic Big Clearwater Cleanup & Big Cleanup Clearwater Monthly Series Community Improvement/cleanups Minimum of 20 sites 1 cleanup per month at 2 sites +24 cleanups # volunteers, volunteer hours, weight litter abated, educational topic Adoption KPB Community Improvement/cleanups KPB will recruit for our Adopt a Community Program KPB will promote City of Clearwater Adoptions # volunteers, volunteer hours, weight litter abated, educational topic Educational PresentationsNideo presentations Environmental Education, litter prevention, waste reduction, conservation, beautification Minimum of 5 presentation Educational topic, Adult/Youth, # of presentations # volunteers, volunteer hours Outreach events Environmental Education, litter prevention, waste reduction, conservation, beautification Minimum of 4 per year Promote ocean friendly practices for students, teachers and the general public Beautification Beautification initiatives: invasive plant removals, tree and garden plantings Minimum of 2 projects per year # volunteers, volunteer hours, weight invasive plants removed, identify the # and type of plants installed, educational topic. KPB Hospitality Partnership Program KPB will offer provide educational services to COC Hotels to share ecofriendly practices with visitors Minimum 1 hotel per year # of hotels, presentations and topic. 8