02/16/1994
LOCAL MAJOR eVENTS AGREEMENT
..
CLEARWATER TO KEY WEST YACHT RACE. INC.
THIS AGREEMENT is entered into this (~~ day of Ji,bfk-U~, 1994, by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BQCC) and Clearwater to Key West Yacht Race, Inc.
NOW, THEREFORE, and in consideration of the mutual covenants, contained
herein the parties agree as follows:
1. The BOCC agrees to pay up to fifteen thousand dollars ($15,000) for the
Clearwater to Key West Yacht Race from May 21-24, 1994 from tourist development tax
funds. (See Exhibit A)
2. Scope Qf Service$: Clearwater to Key West Yacht Race, Inc. agrees to
provide the County with a seven (7) 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 of the Tourist Development
Council (TDC) and BOCC. The agencies of record, Tinsley Advertising and Stuart ~man
Associates shall receive payment of work in progress upon submijsiao of ~cu~nted .
invoices associated with said event. ~ z ~
'..--' ..-- ~ -n
4. Payment: Any payments directly to Clearwater to Key ~~YacrW Ra~ Inc.
or vendors associated with said event shall be as follows: . .. : ~
Payment upon presentation of an invoice shall indicate tne'lask cd.1$tplet~ for
which payment is sought, with proper documentation attached. .' ~ ~
Upon completion of said event, a financial statement detailing all revenue 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 TOC funds. Only
acceptable expenses listed in the Monroe County Tourist Development Council Operations
Manual shall be paid.
5. Accounting: Financial records of Clearwater to Key West Yacht Race, Inc.
pertaining to this project shall be kept on generally recognized accounting principles and
shall be available to the soce 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 mutual agreement,
recommended by the TOC and approved by the BOCC.
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7. Breach and Penalties: The parties agree to full performance of the covenants
contained in this contract, and the BOCC reserves the right at its discretion, provided such
breach is material to terminate the services in this contract for any misfeasance,
malfeasance, or nonperformance of the contract terms or negligent performance of the
contract terms by Clearwater to Key West Yacht Race, Inc..
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 reason
under control of Clearwater to Key West Yacht Race, Inc. except for those reasons in
paragraph 21, then Clearwater to Key West Yacht Race, Inc. agrees to refund to the SOCC
any amounts already paid to them or their vendors, and relieve the BOCC from any further
paym ents.
Event sponsor shall give written notice to the Monroe County Tourist
Development 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 including title and stated affiliation.
10. Risk of Loss: Clearwater to Key West Yacht Race, Inc. agrees to relieve
Monroe County of all risks for loss or damage during the event not caused by sace or its
agents.
11. ,Indemnification and Hold Harmless: Clearwater to Key West Yacht Race, Inc.,
agrees to indemnify and hold Monroe County and the Monroe County Tourist Development
Council harmless for any and all claims, liability, losses 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, Inc. employees
and/or agents, including related court costs.
12. Insurance Requirements: Clearwater to Key West Yacht Race, Inc., as a pre-
requisite of the Special Event governed by this agreement, shall obtain, at its own expense,
insurance as specified in the attached schedules.
Clearwater to Key West Yacht Race, Inc. will not be permitted to commence work
associated with the Event (including pre-staging of personnel and material) until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
Clearwater to Key West Yacht Race, Inc. shall maintain the required insurance throughout
the entire duration of the Special Event. Failure to comply with this provision may result in
the immediate suspension of the Event until the required insurance has been reinstated or
replaced. Clearwater to Key West Yacht Race, Inc. shall provide, to the County, as
satisfactory evidence of the required insurance, either:
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· Certificate of Insurance
or
· A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
Acceptance and/or approval of Clearwater to Key West Yacht Race, Ine.'s insurance
shall not be construed as relieving Clearwater to Key West Yacht Race, Inc. from any
liability or obligation assumed under this contract or imposed by taw.
The Monroe County Board of County Commissioners, its employees and officials will
be included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements.
and approved by Monroe County Risk Management.
Clearwater to Key West Yacht Race, Inc. shall furnish the County with a certificate
evidencing the insurance required by this paragraph not later than twenty (20) days prior to
the event.
Prior to commencement of work governed by this contract, Clearwater to Key West
Yacht Race, Inc. shall obtain General Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum:
" Premises Operations
'. Products and Completed Operations
4t Blanket Contractual Liability
4. Personal Injury Liability
4' Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1 ,000,000 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000.000 per Occurrence
$ 100,000 Property Damage
Recognizing that the work governed by this contract may involve the sales and/or
distribution of alcoholic beverages, the Event Sponsor's General Liability Insurance policy
shall include Liquor Liability with limits equal to those of the basic coverage if alcoholic
beverages are sold or distributed by event sponsor.
A separate Liquor Liability policy is acceptable if the coverage is no more restrictiveathan the Event Sponsor's General Liability policy.
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The Monroe County Board of County Commissioners will be included as Additional
Insured if a separate Liquor Liability policy is provided.
13. Permits: Clearwater to Key West Yacht Race, Inc. will secure all required
permits, licenses including but not limited to occupational licenses.
14. Laws and Regulations: 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. T~es: The soce and TOC are exempt from Federal Excise and State of
Florida Sales Tax.
16. Finance Charges: The BOCC and TOC will not be responsible for any finance
charges.
17. Relation of BOCCITDC: It is the intent of the parties hereto that Clearwater to
Key West Yacht Race, Inc., 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 BOCC and TOe and the BOCC 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, firm, or
corporation.
18. Disclosure: Clearwater to Key West Yacht Race, Inc. 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, Inc., shall disclose to the BOCe and
TOC 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 soce and TOe.
19. A~signment: Clearwater to Key West Yacht Race, Inc., 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 BDCe.
20. .compliance with laws - NQndiscriminatiQn: Clearwater to Key West Yacht
Race, Inc., shall comply with ail federal, state and local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, age, or national origin in 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, Inc., shall not be
liable 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 enemy, epidemic, quarantine restriction, accident, fire, explosion,
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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, Inc., have exercised reasonable care in the
prevention thereof, and any such delay or failure shall not constitute a breach of the
Agreement. Upon demand of TOe or BOCC, Clearwater to Key West Yacht Race, Inc., must
furnish evidence of the causes of such delay or failure. Clearwater to Key West Yacht
Race, Inc., shall not resume its performance hereunder unless provided for in the Scope of
Services.
22. Governing LawNenve: This Agreement shall be governed and construed by
and in accordance with the laws of the State of Florida and constitutes the entire agreement
between the soce and Clearwater to Key West Yacht Race, Inc..
23. Security Protection: The sponsor agrees to provide adequate security for the
event. No TOC funds will be used for this purpose.
24. ,Ethics Clause: Clearwater to Key West Yacht Race, Inc. 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 of 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 t the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee.
25. Ownership: All advertising and promotion work performed under the contract
and paid for by the eoce and TOC shall be the property of the BOCC and TOC, for
whatever use and/or disposition the BOGC and TOG may deem appropriate.
26. Media rights: 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 TOC under this
contract.
27. Logo: All promotional literature and display advertising with the exception of
generic advertising must display the Florida Keys and Key West logo/trade mark (as per
enclosed) .
28. Sever~bility: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, shall not be affected thereby; and
each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
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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 designated 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 sponsor's Board of Directors.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
(SEAL)
Attest:
Clearwater to Key West Yacht Race, Inc.
~.~~.
/
by ~~,Z:ZP~~~
~~;~~~ -. :e1ilAGE, Clerk
Monroe County Board of County Commissioners
~~HMJ.,A.f!/.
. Cia.
Approved as to form and legal sufficiency:
By:
Date:
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTRS, ON PUBUC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER
omclAL AUTHORIZED TO ADMINISTER OATHS. .
1.
for
whose business address is
7 ~h"rA~1V ~LAAA-<L-
ae/~A;/L EL--~1~ ~~/~
./ ,.
and (if applicable) its Federal Employer Identification Number (FEIN) is q-2'I?~3zl
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
.)
2. I understand that a "public entity crime" as defined in Paragraph 287. 133(1) (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
. busmess with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to. any bid or contract 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 Statut~ 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 court 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 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Stallltes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors.
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiIiate. 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 ann'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 preceding 36 months shall be considered an affiliate.
5. I understapdthat a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person 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 "person" includes those officers, directors, executives, partners, shareholders. employees, members, and
agents wh.o 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 statemenL [indicate which statement .ppUes.]
~ 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. .
_ The entity submitting this 'sworn statement, or one or more of its officers, directors, executives,
panners, shareholders, employees, members, or agenJS who are active in the J;lUlnagement of the entity, or
an affiliate of the entity bas been charged' with and convicted 'of a 'public entity crime 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 of the flnal order] , -
I UNDERSTAND THAT THE SUBMISSION OFTBIS FORM TO THE CONTRACTING OmCER FOR THE
PUBLIC ENTI1Y glENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS 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 ENTI1Y PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
~~~{j~
[signature] .
Sworn to and subscribed before me this -3 { J day of I A-tU tt.lA-~
.(JL/
.. 19...:L:I...
OR Produced identification
~~~
Notary Public - State of '" 4-~c.t.~
Personally known /
(Type of identification)
My commission expires I' /7 /9 S-
f I
mllfJ ~ $"V IY)met<s
(printed or stamped
commissioned name of notary public)
\\\UI"""
'$.\i'~! ~!(\ MARY F. SUMMERS
;*:' :*= MY COMMISSION' co 1188M ~
~~. .....~~I November 7l 1995.
"",~f.lr;\\'"'' BONDED THRU tRCW hie ........_
Form PUR 7068 (Rev. 06/11192)
EXHIBIT A
1994 BUDGET - CLBARWATER TO "KEY WEST YACHT RACK
Printing 0, Production - Notice of Regtltta
Pr:int1ng Fa; Production - Program
Printing &: Production - Poster
Prornotionul pennantr-c, F]ag~ & R~nnf!r."~
Promotional T-~hirts
$ ],965.00
.5,270.00
4,465.00
1 , 1 00 . 00
1 , 700 . 00
500.00
Fostage
TOTAL
$ 15,000.00
. - - -- - - - - - -- - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - -
Wednesday, May 18
Thursday, Nay 1.9
Friday, Hay 20
Saturday, May 21
Sunday, Kay 22
Monday, May 23
Tuesday, Kay 24
EXHIBIT JJ
CLEARWATER TO KEY WEST YACHT RACE
1994 SCHHDULE OF ACTIVITIES
1900 - Pre-racA dinner and party
in C]earwater at eye
1000 - Registration & Greetings
at eye
1400 - Skippers' Meeting at eye
1700 -:Race Start in Clearwater
Fleet enroute to Key West
0900 - Fillish Line Viewing a.t
the Pi cr Jiouso
1400 Finish Line Party at Havana
nocks, the Pier ROUSA
2200 - "After Hours" at Rick's
1000 - Bloody Mary - Morning
S~rew Party in Key West - TBA
1700 - SunsAt C91~brat1on at the
Ocean Key HOtJse
2200 - "Afterllours" at the
Iiog's Breath Saloon
0030 - Skippers' Meeting for
Jlog I s Breath Cup in Key West
Harbor
1000 - Race Start in Harbor
1300 - Race Celebration & Awards
Ceremony at the Curry M~nAion
2200 - "After Ilours" at Sloppy
Joe's
J200 - Fleet Sails for
Clearwater
NOTF.: T,nc~tjonR Of Act.ivities Arc Subject To Change