AGREEMENT DRAFTAGREEMENT DRAFT
THIS AGREEMENT is made and entered into as of this 17th day of November, 2025,
between the City of Clearwater, Florida ("City"), a municipal corporation of the State of Florida,
whose address is Post Office Box 4748, Clearwater, Florida 33758-4748; and Clear Water
Expeditions (DBA "Get Up And Go Kayaking — Clearwater"), a Florida Limited Liability Company
("Vendor"), whose address is 3390 Fawnwood Drive, Ocoee, FL 34761 (each individually
referred to herein as "Party" or collectively as the "Parties").
WHEREAS, the Parties entered into the Agreement ("Agreement") on November 17, 2025,
wherein the City leased the site locations ("sites") to the Vendor for the organization to oversee
operations and maintenance of the launch sites as it pertains to kayak tours.
WHEREAS, the Vendor proposes a professional, flexible, and safe guided kayak tour
operation tailored to unique locations within the City of Clearwater.
WHEREAS, benefits of the activities and services provided by the Vendor for locals include
year-round access to high-quality outdoor recreation, the encouraging of environmental
awareness, the benefit from nonprofit contributions tied to every booking, the generating of
positive economic impact for local hotels, restaurants, and small businesses as i t r elates t o
tourism, and opportunities for families and community groups to experience their local
waterways in a unique way.
WHEREAS, benefits of the acti vitt es and services provided by th e Ve ndor fo r vi sitors
include the enhancement of the City's tourism offerings by delivering a "bucket list" experience,
as visitors are encouraged to travel specifically for the tours.
WHEREAS, the Vendor's tours will highlight the natural beauty, wildlife, and history of
Clearwater, while ensuring minimal infrastructure impact and maximum community benefit.
WHEREAS site locations shall be the Clearwater Beach Recreation Center and Cooper's
Bayou Park.
WHEREAS a third potential site may be permitted upon written mutual agreement at the
Clearwater Lawn Bowling Club/Shufeboard Club site.
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 agree as follows:
SECTION 1. AGREEMENT TERM, RENEWAL AND EXTENSION
1. The initial Term shall commence on November 17, 2025 and end on November 16, 2026.
2. At the end of the initial term of this contract, the City may initiate renewal(s) as provided
herein. The decision to renew a contract rests solely with the City. The City will give written
notice of its intention to renew the contract no later than thirty (30) days prior to the
expiration. Four (4), one (1) year renewal(s) are possible at the City's option.
3. The City reserves the right to extend the term of this contract, provided however, that the
City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
4. The City reserves the right to terminate the term of this contract for any reason, provided
however, that the City shall give written notice of its intentions to terminate this contract with
no less than thirty (30) days notice.
SECTION 2. SITE LOCATIONS AND OPERATIONS
1. Clearwater Beach Library Launch Site
a. Operations: Year-round
b. Tours: two to four guided kayak tours per day, seven days per week, from 9:00 a.m. and
9:00 p.m.
c. Tour Types: Morning, midday, sunset, and nighttime glow tours.
2. Cooper's Bayou Park Launch Site
a. Operations: Seasonal and special event operations, with a focus on summer and
weekends
b. Tours: two to three tours per evening during active periods.
c. Highlight: Key location for bioluminescent tours (environmental conditions permitting).
3. Future Option: Clearwater Lawn Bowling/Shufeboard Clubs Site
a. Potential Addition: Operations at the Clearwater Lawn Bowling Club site, to be activated
upon written mutual agreement.
SECTION 3. OPERATIONAL INFRASTRUCTURE AND EQUIPMENT STORAGE
1. All equipment and material shall be fully stored within a modern enclosed cargo trailer of a
size which fits in one, paved Community Development Code -compliant parking space (nine
feet by 18 feet).
2. Trailers shall contain kayaks/paddle boards, paddles, PFDs, cleaning equipment, safety gear,
signage and any other incidentals needed for the operation of the business.
3. Trailers may be branded/wrapped at operator's expense.
4. The use of any City logo must be requested in writing and must be approved in writing by the
City.
5. Trailers shall be maintained in a clean and presentable condition to the satisfaction of City
Staff at all times.
6. No more than one trailer may be stored at each site at mutually agreed upon location.
7. All trailers must be removed from all sites upon the issuance of any issued Hurricane Warning
which includes Pinellas County in the affected area or as otherwise directed by City Staff can
be evacuated prior to hurricanes or storms.
SECTION 4. SERVICES PROVIDED:
1. Primary Service: Guided Clear Kayak Eco -Tours
a. The Company will provide professionally guided eco -tours as its core service, showcasing
the unique natural resources of Clearwater, including mangrove habitats, coastal wildlife,
and seasonal phenomena such as bioluminescence.
b. Tours are designed to be both educational and recreational, blending interpretive
storytelling, environmental stewardship, and outdoor adventure.
2. Additional Services (Optional): Kayak rentals, canoe rentals, paddleboard rentals,
merchandise sales, which Vendor may introduce/modify/discontinue without prior City
approval, provided all such services are compliant with all applicable laws and regulations.
SECTION 5. UTILITIES PROVIDED BY THE CITY
1. Vendor may use electricity, when available and to an extent as required for its kayak tour
operations, and not for any unrelated or excessive purposes. The City maintains the right to
restrict electrical usage.
2. Vendor shall use potable water only as required for its kayak tour operations, and not for any
unrelated or excessive purposes. The City maintains the right to restrict potable water usage.
3. Access to existing dumpsters/trash cans may be made available to the Vendor at no cost.
4. Sewer services are not provided.
SECTION 6. REVENUE REPORTING AND PAYMENTS
1. A written revenue report shall be submitted by the Vendor on or before the 10th of each
month, clearly detailing the Total Gross Sales for the prior month.
2. Revenue Sharing shall occur as follows":
a. Eight percent of the monthly Total Gross Sales shall be remitted to City
b. Two percent of the monthly Total Gross Sales shall be contributed to a mutually agreed
local nonprofit organization as mutually agreed upon in writing by the Parties (with
documentation).
3. Total Gross Sales shall:
a. Include: all sales of tours, rentals, merchandise, subcontractor sales tied to operations.
b. Exclude: Sales tax, gratuities, refunded funds, affiliate commissions/third-party booking
fees (only net received shall apply).
SECTION 7. COMPETITION CLAUSE
1. City shall not authorize services in direct conflict with the Vendor's operations at the
Clearwater Beach Library Launch Site or Cooper's Bayou Park Launch Site.
2. Upon establishment of the Vendor's operations at the Clearwater Lawn Bowling/Shuffleboard
Clubs Site the City shall not authorize services in direct conflict with the Vendor's operations
at that site.
3. City may propose competing services elsewhere in the City with 30 days written notice.
4. Company may respond within 14 days with proposal to offer said services.
5. City retains discretion to accept/reject proposal.
SECTION 8. CITY REQUIREMENTS
1. Promotion through official City website and park/vendor channels.
2. Approval for on-site trailer/equipment storage with a specified, designated Code -compliant
parking space.
3. Reasonable access to electricity, potable water, and garbage services as outlined shall be
made available by Vendor. Vendor shall use electricity, water, and garbage services only as
required for its kayak tour operations, and not for any unrelated or excessive purposes. Excess
use may result in restrictions of use by the City.
4. Recognition as an official provider/vendor at each launch site
SECTION 9. INSURANCE REQUIREMENTS
Section 9.1. Requirements
The Vendor shall, at its own cost and expense, acquire and maintain (and cause any
subcontractors, representatives or agents to acquire and maintain) during the term with the
City, sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In
addition, the City has the right to review the Contractor's deductible or self-insured retention
and to require that it be reduced or eliminated.
Specifically, the Vendor must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence
basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year
tail following the termination or expiration of this Agreement outlined in Section 8.2 through
9.8, below:
Section 9.2. 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 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
Section 9.3. Commercial Automobile Liability Insurance
Coverage for any owned, non -owned, hired or borrowed automobile is required in the
minimum amount of $1,000,000 (one million dollars) combined single limit.
Section 9.5. Sexual Abuse and Molestation Liability Coverage
If the Vendor intends to offer services to minors under the age of 18 unaccompanied by a
parent or guardian then the following shall be required:
On a form acceptable to the City and which shall cover vendor and its employees for liability
arising out of any occurrence of abuse or molestation in relation to the work provided by
vendor under the Agreement. If the Abuse and Molestation coverage is provided on a Claims
Made Form, the retroactive date must be no later than the first date of this Agreement and
such claims -made coverage must respond to all claims reported within three (3) years
following the period for which coverage is required. Limits should be per Claim $1,000,000,
Annual Aggregate $1,000,000, with a Deductible or Self -Insured Retention of $25,000.
Section 9.6. Workers' Compensation Insurance
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 $1,000,000 (one million
dollars) each employee each accident, $1,000,000 (one million dollars) each employee by
disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include
Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act
coverage where applicable. Coverage must be applicable to employees, contractors,
subcontractors, and volunteers, if any.
Section 9.7. Waiver of Subrogation
With regard to any policy of insurance that would pay third party losses, Contractor hereby
grants City a waiver of any right to subrogation which any insurer of the Contractor may
acquire against the City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect such waiver, but this
provision shall apply to such policies regardless of whether or not the city has received a
waiver of subrogation endorsement from each insurer.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Section 9.8. Other Insurance Provisions
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
Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an "Additional Insured" on the Commercial
General Liability Insurance and the Commercial Automobile Liability Insurance. In addition,
when requested in writing from the City, Vendor will provide the City with certified copies of
all applicable policies. The address where such certificates and certified policies shall be sent
or delivered is as follows:
City of Clearwater
Attn: Procurement Division, 35-25
P.O. Box 4748
Clearwater, FL 33758-4748
Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
Vendor's insurance as outlined above shall be primary and non-contributory coverage for
Vendor's negligence.
Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement,
or to Vendor's design, equipment, or service. Vendor agrees that the City shall not be liable
to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as
contemplated herein.
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 Vendor's (or any contractors', subcontractors',
representatives' or agents') obligation to provide the insurance coverage specified.
SECTION 10. Indemnification
Clear Water Expeditions agrees to indemnify, defend, and hold harmless the City, its officers,
agents, and employees from and against any and all claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of
this Contract, provided that any such claim, damage, loss, or expense is attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the
Toss of use resulting therefrom, to the extent caused in whole or in part by any negligent act or
omission of the Contractor, anyone directly or indirectly employed by the Contractor, or anyone
for whose acts the Contractor may be liable.
SECTION 11. Termination
Either party may terminate this Contract for convenience upon thirty (30) days written notice to
the other party. All outstanding payments must be made within 30 days of the written notice
being received.
SECTION 12. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of
Florida.
SECTION 13. Amendments
This Contract may not be amended or modified except by a written agreement signed by both
parties.
IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement the day and year
first above written.
CLEAR WATER EXPEDITIONS, LLC
Signature:
Amber Buzzi
Printed Name:
Owner
Title:
Countersigned: CITY OF CLEARWATER, FLORIDA
Jennifer Poirrier
City Manager
Approved as to form: Attest:
Melissa Isabel
Assistant City Attorney
Rosemarie Call
City Clerk
Bruce
Mayor
By:
Jennifer Poirrier
City Manager
Approved as to form: Attest:
Melissa Isabel
Assistant City Attorney
Rosemarie Call
City Clerk