03/24/1993
LOCAt. MATO~ EVENTS AGREEMEl(f
AS&OCIATJON FOR TOURISM DEVELOP~
THIS AGREEMENT is entered into this (). Y.J+.. day of M~, 1993,
by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUN:fY,
-~ ~ ~
FLORIDA, (BOCC) and Clearwater to Key West Yacht Race. ~~~ ~;
NOW, THEREFORE, and in consideration of the $utual ceNenalRs,
\..1 . -. ....,
contained herein tbe parties agree as follows: ;.:; ....
1. The BOCC agrees to pay up to fifteen thousand dollars ~15,oQo)
."- : f 1
for the Clearwater to Key West Yacht Race from May 21-28, 1~3 ft<!m
tourist development tax funds. (See Exhibit A) r" .. ~
2. Scope of Services: Clearwater to Key West Yacht Race agrees to
provide the County with a seven (1) day event as specified in the Scope of
Services 'which is incorporated by reference (see Exhibit B).
3 . All advertising and public relations services or supervision of
advertising and public relations will be provided through the contracted
agencies 40f the Tourist Development Council (TDC) and BOCC. The agencies
of record., Tinsley Advertising and Stuart Newman Associates shall receive
payment of work in progress upon submission of documented invoices
associatecl with said event.
4. Payment: Any payments directly to Clearwater to Key West
Yacht Race or vendors associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task
complete4:1 for which payment is sought, with proper documentation
attached.
Upon completion of said event, a financial statement detailing
all reveOl11e and expenses utilizing generally accepted accounting principals
shall be prepared, notarized and submitted by event sponsor. Stuart
Newman Associates (or alternative) shall confirm compliance with the
Scope of Services.
All payments are specifically contingent upon availability of
TDC funcis. Only acceptable expenses listed in the Monroe County Tourist
Development Council Operations Manual shall -be paid.
1
5. Accountin&: Financial records of Clearwater to Key West Yacht
Race pertaining to this project shall be kept on generally recognized
accountinB: principles and shall be available to the BOCC or to an authorized
representative for audit.
6. Modification: Additions to, modifications to, or deletions from
the Scope of Services set forth in this contract may be made only by
written D:lutual agreement, recommended by the TDe and approved by the
BOCC.
7 . Breach and Penalties: The parties agree to full performance of
the covenants contained in this contract, and the DOCC reserves the right at
its discretion, provided such breach is material to terminate the services in
this contr;act for any misfeasance, malfeasance, or nonperformance of the
contract terms or negligent performance of the contract terms by
Clearwater to Key West Yacht Race.
8. Termination: 120 days after the date of the event, the contract
will be terminated. All invoices must be submitted within the 120 day
period.
9 . Non Occurrence of Event: If the event does not take place, for
any reaso][} under control of Clearwater to Key West Yacht Race except for
those reasons in paragraph 21, then Clearwater to Key West Yacht Race
agrees to refund to the DOCe any amounts already paid to them or their
vendors, and relieve the BOCC from any further payments.
Event sponsor shall give written notice to the Monroe County
Tourist Dc:velopment Council if it is found necessary to cancel an event. The
notice shall contain the following specifics: 1) reason for cancellation, 2)
substantiation of the reason for cancellation and 3) person authorized to
cancel in(~luding title and stated affiliation.
10. Risk of Loss: Clearwater to Key West Yacht Race agrees to
relieve Monroe County of all risks for loss or damage during the event not
caused by BOCC or its agents.
11. Indemnification 8i)d Hold Harmles~: Clearwater to Key West
Yacht Rac:e, agrees to indemnify and hold Monroe County and the Monroe
County l'ourist Development Council harmless for any and all claims,
liability, }I{)sses and causes of action which may arise out of the fulfillment
of the agreement.
It agrees to pay all claims and losses and shall defend all suits
filed due to the negligent acts, errors or omissions of Clearwater to Key
West Yacht Race employees and/or agents, including related court costs.
12. Insurance Requirements: Clearwater to Key West Yacht Race,
shall carry during the term of this agreement public liability insurance,
including bodily injury and property loss damage to cover all claims,
demands or actions by any person or entity in anyway arising from the
operation, of this event(s). Such liability insurance shall be in an amount
not less than $1,000,000. Monroe County and the Monroe County Tourist
Development Council shall be named as additional insured under the
insurance policy and such insurance shall be primary and noncontributing
with any insurance carried by the County. Clearwater to Key West Yacht
Race, shall furnish the County with a certificate evidencing the insurance
required by this paragraph not later than twenty (20) days prior to the
eve n t 1 3 . Per m its: Clearwater to Key West Yacht Race will secure all
required permits, licenses including but not limited to occupational
licenses.
14. Laws and Re,ulatiops: It shall be understood and agreed that
any and all services, materials and equipment shall comply full with all
Local, State and Federal laws and regulations.
15. Taxes: The ROCe and TDe are exempt from Federal Excise and
State of f.lorida Sales Tax.
16. Finance Charles: The BOCe and TDC will not be responsible for
any fina.nee charges.
1 7 " Reliltion of BOCCtrDC: It is the intent of the parties hereto that
Clearwater to Key West Yacbt Race, shall be legally considered as an
independent contractors and that neither it nor its employees shall, under
any circumstances, be considered servants or agents of the BaCe and TDe
and the BOCe and TOe shall at no time be legally responsible for any
negligence on the part of said successful proposer, its employees or agents,
resulting in either bodily or personal injury or property damage to any
individual, finn, or corporation.
3
18. Disclosure: Clearwater to Key West Yacht Race shall be
required to list any or all potential conflicts or interest, as defined by
Florida Statute 112 and Monroe County Code. Clearwater to Key West Yacht
Race shall disclose to the BOCC and IDC all actual or proposed conflicts of
interest, financial or otherwise, direct or indirect, involving any client's
interest 'which may conflict with the interest of the BOCC and TDe.
19. Assienment: Clearwater to Key West Yacht Race shall not
assign, transfer, convey, sublet or otherwise dispose of this proposal, or of
any or all of its right, title or interest therein, or his or its power to execute
such contract to any person, company or corporation without prior consent
of the B()CC.
20. Compliance with laws - Nondiscrimination: Clearwater to Key
West Yacht Race shall comply with all federal, state and local laws and
ordinancc~s applicable to the work or payment for work thereof, and shall
not disc~riminate on the grounds of race, color, religion, sex, age, or national
origin ill the performance of work under this Agreement. This Agreement
shall be subject to all federal, state, and local laws and ordinances.
21. Force Majeure: Clearwater to Key West Yacht Race shall not
be liablf~ for delay in performance or failure to perform in whole or in part,
the services due to the occurrence of any contingency beyond its control or
the control of any of its subcontractors or suppliers, including labor dispute,
strike, labor shortage, war or act of war whether an actual declaration
thereof if made or not, insurrection, sabotage, riot or civil commotion, act of
public e:nemy, epidemic, quarantine restriction, accident, fire, explosion,
storm, flood, drought or other act of God, act of any governmental authority,
jurisdictional action, or insufficient supply of fuel, electricity, or materials
or supplies, or technical failure where Clearwater to Key West Yacht Race
have exercised reasonable care in the prevention thereof, and any such
delay or failure shall not constitute a breach of the Agreement. Upon
demand ()f TOe or BOCC, Clearwater to Key West Yacht Race_ must furnish
evidence of the causes of such delay or failure. Clearwater to Key West
Yacht Race shall not resume its performance hereunder unless provided
for in tile Scope of Services.
4
22. Governing Law/Venue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitute,s the entire agreement between the BOCC and Clearwater to Key
West Yacht Race.
23. Security Protection: The sponsor agrees to provide adequate
security for the event. No TDe funds will be used for this purpose.
24. Antisolicitation: Clearwater to Key West Yacht Race warrants
that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 0 f
Ordinance No. 010-1990 or any County officer or employee in violation of
Section ~3 of Ordinance No. 010-1990. For breach or violation of this
prOViSion the County may, in its discretion, termination this contract
without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County
officer Ctr employee.
25. Ownership: All advertising and promotion work performed
under th4~ contract and paid for by the BOCC and IDe shall be the property
of the BOCC and IDe, for whatever use and/or disposition the BOCC and TDe
may de(~m appropriate.
26. Media riehts: The TOe shall have the right to broadcast,
rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio,
television, pictures, sound, film and tape motion pictures and still
photographs paid by the BOCC and TDe under this contract.
27. Lo:o: All promotional literature and display advertising with
the eXCel)tion of generic advertising must display the Florida Keys and Key
West logo/trade mark (as per enclosed).
2 8 . S eve r a b i 1 i t y: If any provision of this Agreement shall be he 1 d
by a C()urt of competent jurisdiction to be invalid or unenforceable, shall
not be affected thereby; and each provision of this Agreement shall be
valid ancl enforceable to the fullest extent permitted by law.
5
29. Authority: Each of the signatories for the sponsor below
certifies and warrants that:
a) The sponsor's name in the agreement is the full name as
designatetd in its corporate charter, and b) they are empowered to act and
contract for the sponsors and c) this agreement has been approved by the
~-'8PQnsor's Board of Directors.
IN WITNESS WHEREOF, the parties hereto have executed this
"agre~ment the day and year first above written.
(SEAL)
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Atte~
(SEAL) DANNY 1... ~OLHAGEt Clerk
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Clearwater to Key West Yacht Race
OE COUNTY BOARD OF COUNTY COMMISSIONERS
MA YOR/CHAIRMAN
Approvedl as to form and legal sufficiency:
By:
Date: C 1;).5/9J
6
EXHIBIT A
Production:
Typesetting, photostats, color separations
and related costs
Printing:
Brochures, mail pieces, and promotional
materials
Public Relations:
Press Releases and promotional
presentations
Aclvertising:
Print and broadcast
TOTAL
7
$ 1,000.00
3,000.00
1,000.00
10,000.00
$15,OOO.O~
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) I.
Frilday, May 23, 1993
Saturday, May 24, 1993
SUJlday, May 25, 1993
Monday, May 26, 1993
Tu.~sday~ May 27, 1993
We:dnesday, May 28, 1993
EXHIBIT B
o Pre-race Dinner and Party
with live entertainment at eye
o Registration and greetings at eyC
o Live Entertainment
o Cookout at eye
o Skipper's Meeting
.0 Harbor Start Ceremony
o Race Start in Gulf of Mexico at
Clearwater Pier 60
o See you in Key West
o Finish Line Viewing Havana
Docks Deck, Pier House
o Galleon Pool Party
o Live Entertainment
o Late Night at Rick's & Durty
Harry's on Duval St.
o Dockside Bloody May and
Morning Screw Party
o Galleon Marina Pool Party
o Late night at Sloppy Joe's
o Skipper's meeting Galleon
Poolside
o Round the Buoys Race
Hog's Breath
o Race Celebration & Awards
o After Hours Gathering
8
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~,.
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(0),
FLORIDA STATUTES. ON PUBUC ENTI1Y CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS. .
1. This sworn statement is submitted to 1/ItlN8/Jf 0fJ~ ";'U/J,/~ l)/!.fIJJn/)NI~Ad e,V/lOIt.-
A [-print nB e of the public entity] ,
by L.'WAh!.LJ~ 2. 8~"4)4 (JIItfi~~MAA(
[ rint Individual's name and title J "
for
whose business address is
1 6UNrA/M StpI/A-/2,f!-
~/p.;I~~ J fi-. ..g~/t, .
and (if applicable) its Federal Employer Identification Number (FEIN) is 5'/'- 2.6t432-1
(If th,~ entity has no FEIN, include the -Social Security Number of the individual signing this
sworn statement:
.)
--
2. I understand tha~ a .public entity crime. as defined in Paragraph 287.133(l)(g), Florida Statutes. means a
violation, of any. state ,or federal law by a person with respect to and directly related to the .transaction of
business with any public entity or with an agency or political subdivision of any other state at of the United
States, including, but not limited to, any bid or oontract for goods or seivices to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that .convicted- or .conviction- as defined in Paragraph 287.133(1)(b), Florida Statutes. means
a finding of guilt or a conviction of.a public entity crime, with or without an adjudication of guilt, in any
federal or state trial coun of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I undc:rstand that an .affiliate- as defined in Paragraph 287.133(1)(a), F10rlda Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the conU'ol of any natural person who is .active in the management of the entity and
who has been convicted of a public entity aime. The term -affiliate- includes those officers, directOrs,
execu1ives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
- or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the pI'eceding 36 months shall be considered an affiliate.
lS. L understand that a .pe~9n. as defined in Paragraph 287.133(l)(e), Florida Statutes. means any natural
p~oi1. or 'entity organized" under the laws of any state or of the United States with the legal power to enter
into a binding contract and'which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term Ifperson. includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
. ~
6. Based on information and belief, the statement which I have marked below is true in relation to the entity .. .
submitting this sworn statement. [indicate which statement, appUes.]
'" Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
,;.1,1989..., ',.' ,~ I 'I,' .
_ The entity submi~tlng.this sworn statemel;lt,.O[,one or 1Pore.of itsoftlcem, directors, executives,
partners, shareholders, employees, me~bers, or agents who are active in the management of the entity, or
an affiliate, Of th~ entity ba9' been ,dlatged 'wjth -and convicted of .. -PUblic entity"Qime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (attach a copy or the Dnal order] -
I UNDERSTAND THAT THE SUBMISSION OF THIS 'FORM TO'.; THE CONTRAc:rING OFFICER FOR THE
PUBLIC EN1TIY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT:tal$'.FORM'IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERStAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn ~ and subscribed before me this
,~
/'
Personally known
OR Producccl identification
(fype of identification)
Form PUR 7068 (Rev. 06/11192)
day of
~_;e:-~~
. [signature] C31~~
'fl7 liAr 11
.. 19!1.i
~otary Public · State )3U J 0 R I P fI
Lo IM-\ {.~ 0 f r,' t1 -J2 II t4 S
My commission expires
(Printed typed or stamped
commissioned name of notary public)
(D- ".
-;
~
THERESA .J. HORST
MY COMIII88ION' AI. .., EXPIR&I
June 8. 1888
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
tY""p,he 72'. ~UUl, (jj,AJ/u.l4~Jliarrants that he/it has not employed
retained or otherwise had act on his/its- behalf any former County office or
employee in violation of Section 20f Ordinance No. 10-1990 or any County
officer or employee' in violation of Section 3 of Ordinance no. 10-1990. For
Breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion,
oeduct from the contract or purchase price, or otherwise recover, the fl1l1
amOullt of any fee, commission, percentage, gift, or consideration paid to
the f()rmer County officer or employee.
; f~~~~/~
(signature)
Date: ~'I-tj!J
STATE OF
COUNTY OF
PER~ONAL~Y APJ?rARE~ BEFORE ME, the undersigned authority,
~ "'. ~ {J ts. ,b.iZ 0 uJ N who, after first being sworn
by my affixed hislher signature (name of individual signing) in space
provi~ed above on this ~'t-"'- day of 'fYl tULC~ 19 1<;g
NOTARY PUBUC
My commission expires:
THERESA .J. HOIIIr
MY COMIIS8IoH , AA .._
June 27, 1988