TOURISM PROMOTION AGREEMENT (3)TOURISM PROMOTION AGREEMENT
Clearwater Sea -Blues Festival
THIS ' AGREEMENT is `.made and entered into as : of the day of
2026 ("Effective Date"), by and between Pinellas County, a
political subdivision_ of the 'State of Florida ("County"), for and on behalf of Visit St. Pete -
Clearwater ("VisitSPC"), ,,.and. the City of Clearwater, a municipality ("Event Organizer")
(collectively, the "Parties, orindividually, a "Party").
WITNESSETH:
WHEREAS, in accordance with Section 118-32, Pinellas County Code, and
Section 125.0104, Florida Statutes, 'VisitSPC is. responsible" for 'promoting tourism in Pinellas
County, including funding activities, services, and events that have as one of their main purposes
the attraction - of tourists, as evidenced by the promotion of the activity, service, or event to tourists;
and:
WHEREAS, the County, on behalf of VisitSPC, agrees to provide Tourist Development
Tax funding for the Clearwater Sea -Blues Festival to be held February 27 — March 1, 2026
("Event"), organized and operated by the Event Organizer to promote Pinellas County tourism as
pursuant to the promotion program described in Exhibit A;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein
contained, the Parties agree as follows:
1. The term of this Agreement will commence on the Effective Date and remain in
full force and-effect.through.September 1, 2026, unless otherwise terminated as provided herein.
2. The County agrees to pay to the Event Organizer the sum of Nineteen Thousand
Five Hundred Dollars ($19,500.00) for Sponsorship benefits and up to the sum of Forty -Five
Thousand Five Hundred Dollars ($45,500.00) for Marketing and Advertising expenditures for .a
total sum of Sixty -Five Thousand Dollars ($65,000.00) as an Event sponsor, to sponsor, promote
and market Pinellas County tourism in connection with the Event as defined in the :promotion
program .described in Exhibit A, which is incorporated into this Agreement ("Promotion
Program"). The County will pay the funding in accordarice with the following:
A'..
-Marketing and Advertising expenditures will; he, paid on a reimbursement
basis _upon submittal;, of, required documentation to the County which must include a copy of
subcontractor/vendor invoices that support the marketing plan attached hereto as Exhibit B for
which Event Organizer is seeking reimbursement, as well as other such documentation as required
byVisitSPC:
B. The funding will be due and payable within forty-five (45) calendar days of
Event completion, upon Event Organizer submitting an invoice with all documentation required
in Section 2.A,and 7.H. at the address set out in Section 4.
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C: For convenience; 'payment will be made by the County to the Event
Organizer in accordance with the procedures 'outlined in §218:70 et seq.; Florida Statutes, "The
Local Government Prompt Payment Act. However, the Parties agree that receipt of funding under
this Agreement does"not make the'tnunicipality a "vendor" and this"is not a "purchase" as defined
by the Act. Therefore, interest accrual; dispute resolution, and 'other substantive provisions of the
Act do not apply.
D. In the event the Event'. Organizer: (i) cancels the Event or does not conduct
the Event for any reason including, but not limited to, infeasibility;; voluntary action, or non-
voluntary mandates; or (ii) is not in compliance with the terms and conditions of ,the Agreement;
or (iii) is dissolved; .or:ceases or suspends; its operations for any reason;• then any sums not paid or
disbursed to` the .Event, Organizer:: will be; �deob,ligated, and will not be paid. The parties further
agree that: if :an,Event Organizer cancels: an event per (i, ii, or iii) above after entering into a fully
executed funding agreement but pre -event, the Event Organizer must either: 1) remit any
sponsorship funding monies .-advanced ;pre-event,which were used for operating:expenses minus
any value received by County up until cancellation as determined by VisitSPC staff in their sole
discretion; or 2) seek reimbursement for allowable marketing deliverables per the Agreement, but
only as to those actual, verifiable marketing deliverable costs incurred by the Event_ Organizer up
until the time of cancelling the event and to the extent of value received by County as determined
by VisitSPC staff in their sole,.discretion.,;If theAEvent is cancelledfor any reason, this Agreement
may be amended in writing by mutual agreement of the Parties to authorize funding on revised
terms.'.,.
E. The Event Organizer willrepay the County for all illegal or unlawful
expenditures of the funding herein, or for expenditures made by The Event Organizer in breach of
•any.i ,covenant; ,term, ;,or condition , of this Agreement, including illegal, unlawful, and/or
'unauthorized -expenditures; discovered after the expiration of the term.
P•. , The Event Organizer will provide immediate written notice to VisitSPC if
the Event is cancelled, rescheduled, or the, scope :of :the Eventis substantially changed from the
Event as described in Event Organizer's funding request.
G. The Event Organizer may amend or revise the Promotion Program only with
the prior written consent from the Director of VisitSPC, or his designee.
H. The Event Organizer will provide a writtenfinal report to VisitSPC within
forty-five ,(45), ,. calendar days, . of . Event .completion, which at a minimum will include
documentation establishing that the Event Organizer provided the promotional benefits described
in the Promotion Program, including any documentation required, in Exhibit A, and will specify
attendance at the Event and room nights generated by the Event' in Pinellas County, the
;methodology used for computing the room nights—which methodology must be documentable,
supportable, and calculated in 'compliance with tourism market and research analysis industry
standards—and such other information as required by VisitSPC. Failure'to submit the report as
required will disqualify the Event Organizer from being eligible for funding in future years.
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3... A. The Event Organizer will organize, manage,, operate and/orlconduct the
programs, activities,and events, and be solely responsible for all costs and expenses related to the
Event.
B. ; The Event Organizer represents and warrants that it has substantial
experience and skill in the business of organizing and promoting the Event or similar events, and
agrees to use its best efforts to organize, manage, operate and conduct the Event in a professional
manner, calcilated�to create'a quality, pleasant, accessible, safe, and enjoyable experience for
all, participants/attendees.. . .
4. „Each .Party hereby, designates the person set forth below as its respective contact
person. The person designated is each Party'sprimecontact person, for coordinating Promotion
Program related activities. Notices or reports will be sent to the attention of each Party's contact
person by U.S. mail, postage prepaid, or email to.the Parties' addresses as set forth below:
For the County:
Craig Campbell, Director
Brand Activations
Visit St. Pete -Clearwater
8200 Bryan Dairy. Rd., Suite 200
Largo, FL 33777
Craig@VisitSPC.com
City of Clearwater
Kris Koch
100 S Myrtle Ave
Clearwater, FL 33756
Icris.koch@myclearwater.com
Any changes to the above representatives or addresses must be provided to the other Party in
writing.
5. A. The County reserves the right to terminate this Agreement without cause by
giving fifteen (15) days advance written notice to the Event Organizer of its election to terminate
pursuant to;this prbvision. Should' this Agreement be terminated, or the. Event postponed, as
provided herein, Event Organizer will only be,entitled to reimbursement of actual costs for goods
and/or services received by County from Event Organizer up until the date of postponement or
termination of this Agreement, as determined by VisitSPC staff at their sole discretion.
Reimbursement will be based upon submittal and receipt of all supporting, appropriate
documentation 'for such costs.
B: The failure of either Party to comply with any material provisions of this
Agreement will be considered in breach thereof, and be cause for immediate termination of the
Agreement upon writtennotice to the defaulting Party.
C. The funds to be used for this Agreement are subject to periodic
appropriation, of funds by ,the, County. Further, obligations under this Agreement are contingent
upon the,availability;of funds. If funds are not appropriated by the; County for any or all of this
Agreement, the County will not be obligated to pay for any, promotion benefits provided pursuant
to this Agreement beyond the portion for which funds are appropriated. The County agrees to
promptly notify the Event Organizer in writing of such failure of appropriation, and upon such
notice, this Agreement will•terminate without penalty to the County.
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6. A. The Event Organizer will, upon request, 'permit the County to examine or
audit all records and document's 'related to the Promotion Program provided for in this Agreement.
Event Organizer will maintain all such records and document's for at least three (3) years following
termination of the Agreement, including but 'not limited to all docurrients in support of the Event
Organizer's fundingapplication and post -event reporting, in accordance with the Retention
Schedule as put forth by the Florida Department of State.
B The County throughVisitSPC,or VisitSP.C's vendor, has the right to collect
attendee data on-site during the Event using methods including,.but not to data technology,
analytics, surveys, etc. for the purposes of substantiating/verifying Event Organizer's final report
and for collecting other information pertinent :to the destination. Upon request;, Event Organizer
will grant'VisitSPC. staff or VisitSPC's designated vendor access to the. Event and provide any
reasonable assistance neededto accomplish this task.
7. A. . Neither. the :,County ;.nor ,;the, .Event Organizer will make any express or
implied agreements, guaranties, or representations, or incur any debt, in the nane_,of or on behalf
of the other Party. Neither the County nor the Event Organizer will be obligated by or have any
liability under any agreements or representations made by the, other that, are not expressly
authorized hereunder. The County will have no liability or obligation for any damages to any
person or property directly, or, indirectly:arisingaout of the operation by the Event Organizer of its
business, whether caused by the Event Organizer's negligence or willful action or failure to act.
v, The County.will have,,no liability for any sales, service, value added, use,
excise, .:gross : receipt's, _.property, ,workers' compensation, unemployment compensation,
withholding or other taxes, whether levied upon the Event Organizer or the Event Organizer's
assets, orrupon ,the County in ,connection with services performed or business conducted by the
Event Organizer Payment of all such taxes and+liabilities will be ,the responsibility of the Event
. Organizer. ,
;;C:' .•,;;, 'he Parties shall be fully responsible fot their own acts of negligence and
their respective agents' acts of negligence, when such agents, are acting, within the scope of their
employment; and shall be liable for any damages resulting from said, negligence tothe extent
permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity or any provision of Section 768.28, Florida Statutes by either Party. Nothing
herein shall be construed as consent by either Party to be sued by third Parties in any matter arising
out of this Agreement.
8.. , A. The Event Organizer , will conduct the Event in, compliance with all
applicable federal, state, and local laws.
•
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B. Neither Party may assign or transfer its rights or obligations under this
Agreement without the prior written consent of the other Party.
C. Nothing in this Agreement will be construed to benefit any person or entity
not a Party to this Agreement.
D. In carrying out this Agreement, The Event Organizer will not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race,
color, religion, sex, national origin, family status or handicap.
E. This Agreement constitutes the entire agreement between the Parties and
supersedes any and all prior agreements, communications, or representations, whether oral or
written, with respect thereto.
F. No alteration, change, modification, amendment, or waiver to or of this
Agreement will be valid or binding unless in writing and signed by both Parties hereto.
G. Nothing in this Agreement will be construed to create, or be implied to
create, any relationship between the County and any contractor, subcontractor or supplier of the
Event Organizer, and at all times the Event Organizer is and will remain an independent contractor
and not an agent of the County or VisitSPC.
H. Sections 2.D, 2.E., 6.A., and 7.A., B. and C. will survive the expiration of
the term or termination of this Agreement.
I. Time is of the essence with respect to all provisions of this Agreement that
specify a time for performance.
J. This Agreement will be construed, interpreted, and governed by the laws of
the State of Florida.
9. Event Organizer acknowledges that information and data it manages in connection
with the subject of this Agreement may be public records in accordance with Chapter 119, Florida
Statutes and Pinellas County Public Records Policies. Event Organizer agrees that it will
implement policies and procedures to maintain, produce, secure, and retain public records in
accordance with applicable laws, regulations, and County policies, including but not limited to the
Section 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement
relating to compensation, the Event Organizer agrees to charge the County, and/or any third parties
requesting public records only such fees allowed by Section 119.07, Florida Statutes and County
policy for locating and producing public records associated with this Agreement.
10. By signing this Agreement below, Signer attests to all of the following:
A. Signer has the legal authority to enter into the Agreement on behalf of the
Applicant organization;
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B. Signer is not deriving any direct or indirect benefit or bonus, monetary or
otherwise, from the Applicant organization or any other party, including signer's employer, as a
result of this funding award; and
C. Signer is not aware of any other thirdparty deriving any direct or indirect
benefit or bonus, monetary or otherwise, from the Applicant organization or any other party as a
result of this funding award.
IN WITNESS WHEREOF, the Parties herein have executed this Agreement on the day
and year first above written.
PINELLAS COUNTY CITY OF CLEARWATER
by and through its County Administrator
By: By:
Barry A. Burton Jennifer Poirrier, City Manager
Oak
[Corporate Seal]
eity £/&rt
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Pinellas County TDC Elite Event Funding FY26
Benefits & Deliverables
Exhibit A
Event Name: Clearwater Sea -Blues Festival ("Event")
Event Dates: February 27 — March 1, 2026
Marketing & Advertising Up To Funding Amount: $45,500
Sponsorship Contribution: $19,500
Total Contribution: $65,000
VisitSPC will receive, in exchange for its financial support, the following benefits at
no additional charge, except as noted:
A. Marketing & Advertising Benefits
i. Pursuant to the marketing plan submitted by Event, a copy of which is attached
hereto as Exhibit B, VisitSPC will reimburse Event up to the sum of $45,500 for pre -
Event marketing deliverables upon submittal and acceptance of post -Event proof
of performance documentation. Proof of performance shall include 3rd party
invoice(s), proof of payment and proofs or samples that match the marketing plan
and other such documentation as may be required by VisitSPC.
B. Sponsorship Benefits
i. Designation as the exclusive "Official Beaches" of the Event
ii. Logo placement on website w/ hyperlink
iii. Logo placement on marketing collateral where sponsors are recognized
iv. Website page dedicated to "Places to Stay" linking VisitSPC accommodations
v. Database communications: (2) pre -Event and (1) post -Event dedicated messages
vi. Access to talent (musicians, athletes, etc.)
vii. Event access for VisitSPC Media Staff
viii. Event Onsite Activation Space in high traffic location
ix. Tickets or experiences for influencers, media, promotions, clients as mutually
determined
A-1
Initials
Fait
ENTP
POSED MARKETIN
Exhibit B
ERTISING;:PL
Media Category
Print
Media Vendor/
Partner
Blues Music
Magazine
Market .
Clearwater
Media Placement
Timing
November
Media Placement
Detail
1/2 Page Color
Media Cost (NET to
Vendor)
$ 2,500.00
Media Cost (IN -
KIND)
Print
Suncoast Blues
Society Bar Rag
Clearwater
January
Full Page
$ 500.00
Print
Sarasota - LocallQ
Sarasota County
January/February
Digital Ads - Contests
$ 3,000.00
Social Media
Facebook/ IG
State of Florida
October -February
Clearwater Sea -Blues
Festival - Contests
$ 8,000.00
Social Media
Blues Festival Guide
State of Florida
January -February
Billboard Banner on e-
guide (5 wks) +
Featured Festival
Posting
$ 350.00
Social Media
Blues 411
State of Florida
January -February
Festival Sponsors,
300x300 digital ad,
Internet prog.
$ 750.00
Social Media
TBD Digital Ads
State of Florida
December -February
Digital Ads & Ads on
Music Platforms
$ 6,900.00
Influencer
Marketing
Wing Woman
Promotions
Florida - Regional
Counties
December - February
Media Pitch +
Influencer Marketing -
Pre -
Event and story tellng
$ 8,500.00
Digital Ad
Placements
McKay Advertising
TBD
November - February
Digital Ads across
Multiple Platforms in
Blues Communities
$ 9,000.00
B-1
Initials
Exhibit B
Social/Digital/StoryT.
elling
`. Jeremiah Khokar
Florida - Regional
Counties
December - February
Digital Stories and
video content - reel
based content -- post
event content
promoting tourism
$ 2,500.00
Print
TBD - Posters
Clearwater
.
December -February
Printed Posters,
flyers, and
promotional pieces
handed out to local
hotels
$ 3,500.00
B-2 Initials