The Race World Offshore (RWO) contract between the city of Dunkirk and the organization was recently shared with the OBSERVER. In it, Dunkirk Mayor Wilfred Rosas signed the agreement with RWO President Larry Bleil. However, the contract was never put through the city council as per the city of Dunkirk Charter.

The charter states that “execution of all contracts, deeds, leases, franchises and any other written instruments authorized by the Common Council” is among the responsibilities of the mayor (3.02). The charter also states that the Council has “authorization for the execution of contracts, deeds, leases, permits, franchises, licenses and any other written instruments” (4.02).

According to Third Ward Councilman Shaun Heenan, who is running for mayor against Rosas, the contract for the boat race was never put through Common Council. Heenan though as did other members of the council that the boat race contract was a Dunkirk Local Development Corporation (DLDC) issue and thus out of the hands of the Council. However, nowhere within the contract is the DLDC mentioned.

“The city is the party to the contract,” City Attorney Richard Morrisroe stated at the Sept. 3 meeting of the Common Council. “We’re the one that sponsors the event. The DLDC is the 501c for donations that help fund or underwrite the event. The DLDC, which is related to city government, essentially works in companion with the city, to provide that funding as donations to these sponsors for the event.”

“It’s signed by the mayor of the city of Dunkirk, it refers to the city throughout it,” Heenan responded. “We know that the DLDC has a separate board and the chief executive officer of that board is the mayor. It only seems right to me, and we may agree to disagree, that since the mayor has signed this, in our city charter, we allow the mayor to execute all contracts and leases through a resolution. I could not find any resolution that gave the mayor the right to execute this contract.”

Morrisroe went on to state that he would have to look through the city’s records, but is sure that the Council did pass a resolution allowing the event.

“Well I’m pretty sure we didn’t. I don’t know where we go from there. To me that’s an abuse of the council,” Heenan said. “I never asked questions before, because I assumed that it was through the DLDC.”

The city of Dunkirk has one more boat race left in the current contract, however there is a clause that states that “to terminate a national race date, a written Notice of Termination must be in the main office in Key West, Florida (the home office of RWO) by Jan. 1, of each year.” This allows the city to cancel a race with what appears to be no penalty costs to the city.

There is also the option to renew, which is at the discretion of the city and RWO, under the same conditions contained in the agreement will receive a 5% increase each year, with the cost being passed on to the city. If the city and RWO choose to renew passed that, the same conditions of the contract apply. Meaning, if Dunkirk opts for a 2021 race, the cost to the city will be $131,250, 2022 will cost 137,500 and so forth, not including additional amenities, such as other complimentary activities in conjunction with the race (by approval of RWO) like a parade through the city and other parties.

https://www.observertoday.com/news/p...boat-contract/