08/28/1991
LOCAL MAJOR EVENTS AGREEMENT
BLUE REA VEN_ INC.
THIS AGREEMENT is entered into this~/1l day Of~, 1991, by
and between BOARD pF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA,
(BOCC) and Blue Heaven, 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 thirty thousand dollars ($30,000) for
the Goombay Festival 1991, October 18-20, 1991 from tourist development tax
funds. (See Exhibit A)
2 · Scope of Services: Blue Heaven, Inc. agrees to provide the County
with a three (3) 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 TDCIBOCC. The agencies of record, Tinsley Advertising and
Stuart Newman Associates shall receive payment of work in progress upon
submission of documented invoices associated with said event.
4. Payment: Any payments directly to Blue Heaven, Inc. or vendors
associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task
completed 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 a'{ailability. of,TDC
funds. Only acceptable expenses listed in the Monro~: CountY T~rist
Development Council Operations Manual shall be paid. ~ _:~
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5 · Accounting: Financial records of Blue Heaven, Inc. pertaining to this
project shall be kept on generally recognized accounting 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 mutual
agreement, recommended by the TDC and approved by the BOCC.
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 Blue Heaven, 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 Blue Heaven, Inc. except for those reasons in paragraph
21, then Blue Heaven, Inc. agrees to refund to the BOCC 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
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: Blue Heaven, Inc. agrees to relieve Monroe County of
all risks for loss or damage during the event not caused by BOCC or its agents.
11 · Indemnification and Hold Harmless: Blue Heaven, Inc., agrees to
indemnify and hold Monroe County harmless for any and all claims, liability,
losses and causes of action which may arise out of the fulfillment of the
agreement.
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It agrees to pay all claims and losses and shall defend all suits filed
due to the negligent acts, errors or omissions of Blue Heaven, Inc. employees
and/or agents, including related court costs.
12. Insurance Requirements: Blue Heaven, Inc., 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 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.
Blue Heaven, 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.
13 . Permits: Blue Heaven, 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 . Taxes: The BOCCfTDC is exempt from Federal Excise and State of
Florida Sales Tax.
I 6. Finance Charges: The BOCCfTOC will not be responsible for any
finance charges.
17. Relation of BOCCrrDC: It is the intent of the parties hereto that Blue
Heaven, 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 BOCCrrnC and the BOCCrrnC 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.
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18 · Disclosure: Blue Heaven, Inc. shall be required to list any or all
potential conflicts or interest, as defined by Florida Statute 112 and Monroe
County Ethics Ordinance. Blue Heaven, Inc., shall disclose to the BOCCrrDC 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
BOCClIDC.
19. Assignment: Blue Heaven, 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 BOCCrrnC.
20. Compliance with laws - Nondiscrimination: Blue Heaven, Inc.,
shall comply with all 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: Blue Heaven, 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, stonn, 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 Blue
Heaven, 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 TDe, Blue Heaven, Inc., must furnish evidence of the causes of such
delay or failure. Blue Heaven, Inc., shall not resume its performance hereunder
unless provided for in the Scope of Services.
22. Governing Law/Venue: 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 BOeC and Blue Heaven, Ine..
23. Security Protection: The sponsor agrees to provide adequate
security for the event. No TDe funds will be used for this purpose.
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24. Antisolicitation: Blue Heaven, 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,
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 BOCCrrOC shall be the property of the
BOCCITOC, for whatever use and/or disposition the BOCC/TOC may deem
appropriate.
26. Media rights: The TOC shall have the exclusive 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 BOCCrroC under this contract.
27. Logo: All promotional literture and display advertising with the
exception of generic advertising must display the Florida Keys and Key West
logo/trade mark (as per enclosed).
28. Severability: 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.
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.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first above written.
(SEAL)
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ttest..PANNY L., GE CI 1...
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MA YOR/CHAIRMAN
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EXHIBIT 'A'
GOOMBA Y 1991
NEWSP APER:
IN-COUNTY
OUT-OF-CQUNTY
RADIO:
IN-COUNTY
OUT -OF -COUNTY
COLLATERAL:
BROCHURES
POSTERS
BANNERS
DIRECT MAIL/POSTAGE,
LOGO
PRODUCTION OF RADIO & NEWSPAPER ADS
$ 2,000
8,000
1,500
6,500
2,500
2,500
1,500
2,500
1,000
2,000
$
7
30, 000
EXHIBIT "B"
3CHEDULE OF EVENTS
FRIDAY, OCTOBER 18 6 - 10pm
- Goombay Kick-off at Blue Heaven - 1st Annual Grin and Grunt
Fry
- Welcome - Merlin Curry
- Captain Tony - Under the Limbo Stick official start
- Live entertainment (TBA)
SATURDAY, OCTOBER 20 l1am - 10pm
- Goombay Street Fair - 11am - 10pm - Vendor Sales of ethnic
food, arts and crafts .
- Arts exhibit - Studio 227 - all day
- Conch Cooking workshop - 2 - 4pm
- Palm Weaving workshop - 11am - 1pm (children)
- Conch Shell Blowing contest - 3 - 4pm (children)
- Live Entertainment - Various Bahama Village locations. Show
times 1, 4 and 7pm. 9pm, Royal Bahama Police Band.
SUNDAY, OCTOBER 20 11am - 10pm
- Street Fair - 11am - 6pm
- Live entertainment - 2pm at Bahama Village location
- "Goombay Baby" Contest - Ipm (children 1 - 4 years)
- Limbo Contest - 3pm. Adults and kids.
- Bahama Village Street Dancing Demonstration - 4pm
- "Last Chance to Goombay and Caribbean Costume Party _
5 - lOpm.
- Mr. and Ms. Goombay 1991 - Audience participation. Prizes
given, 7pm.
- Royal Bahama Police Band - 7pm at VFW. To play until
culmination of event.
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~QRIDA STATUTES. ON PUUUC ENTm' CRIMES
nizs FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY punuc OR OTHER OFFICER
AUTHORlZED TO ADMINISTER OATHS.
1.
2.
This sworn sutement is submitted by
whose business addfe$S Ls
'7dq
{name ot en
:Tit '~L
- )-nG:.\' ,~ .
rn statement]
and
(It appUcable) its Federal Employer Identification Number (FEIN) Is alr;/ -7tJ-(.;./pl
. .
(If the entity has no FEIN, indude the Soda! Security Number at the individual signing this sworn
statement:
.)
My nace is lAAo and my relationship to the
ent1ty named aboveP~eas~~~~~dual jlgnJnll ..
I understand that a .public ent1ty crime8 as defined in Paragraph 287.133 (1) (g), Ffc,rfqa Statqt~1
means a violation of any state or. tederaJ law by a person with respect to and dircctly related to the
tramaction ot bustness with any public entity or wiUl an agency or political SUbdivision at any other
State or with the United States, indading. but not Umited to, any bid or COnU3ct Cot JOOc1s or
services to be pnMded to any public ent1Ey or an aJeZlcr or poUdc:a1 subdlvisfon at any other ~le
or of t.'le United States t~d involving ant1trust, tr3uc1, theft. bribery, collusion, racketeering,
conspiracy. or materia! misrepresentation. ,.
S. I understand that .CQIMcu:d. or .convict1on8 as deftned in Pangraph 287.l33(1)(b). Florid, S~tDtes.
means a tIndin, of pillar a CODYict1on of 1 public entity crime. \Vitia or 'trithollt an acljactic1uon ot
pilE, IA any federal or state triaJ court of record reJating to diaries brought by indictment or
intormat1on after JaJy I, 1989, as a result at a Jury VCrdia, DOnjmy tnaJ, or enay ot a plea ot JUilty
or noJo contendere.
3.
4.
6. I understand that an -amuate8 as defined in Paragraph 287.133(1)(1), FlOrida S~tqtes, means:
1. A. predea::ssor or Suc::cessor oC a person COnvicted of a public entilj c:rfme: or
2. An eDt1ty under the CQntrel o( any Datural pe:son who is active in the management of the '
cnti~' and who ha! been COnvicted oC a public entity c:rfme. The term .atmfate8 indudes those
omcers., directors, c:xecnuves, panners, 3hare110Iders, employees, members, and agents who are act1ve
In the management at an affiliate. The ownership by one person of shares constituting a controlling
interest in anotber penon, or a pooling ot equipment or income among persons when not Cor !air
marker value under an arm's Iengtl1 IgreemeDt, shall be a prima Cade case that one person controls
another person. A person who knOWingly enters into a joint venture with a person who has been
COnvicted oC a public eDt1ty crime in Florida dUring the preceding 36 months shall be considered an
atfiJia t e.
7. 1 understand that a .person. as defined in Paragnph 287.133(1)(e), Florida Sbltuteso mC3DS any
natural person or entity organized under tbe laws ot any stale or oC Ute United States With tbe legal
power to entcr inro a binding contract and which bids or applies 10 bid on contr:lctS Cor the provision
of goads or services let by a pUblic entity, or which otherwise tr:lnsaas or applies to tr:lnsaa business
with a public entity. The term .pcrsona inclUdes those omeen, directors, c:xecutiYQ, partncrs.,
Shareholders. employees, mcmbcrs, and agentS who are active in management or an entit)',
Based on infonnation and belief, the statement wbich I have marked below is true in relation \0 tbe
enlil)' SUbmitting this sworn StaremenL (rleASe Indicate which stQtemen~ applies.j
8.
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' -..-. ;......-~... .....t'.....:....... "."IIIU\;;I,). U. agenu woo Irc actlYe in management of the entHY,-
nor any affiliate of the entity have b~~n charged with and COnviCl.:d of a public entity crime;
subsequenl 10 July 1. 1989. . .
The entity submitting this sworn Statement, or ..one or more at the officers. directors,
CXCCUtivc.s. panners. sbarebolders. employ~. members. or aiCnts wbo arc active in management of
the cnUty. or an affiliate at tbe entity bas been charged with and convicted at a public entity crime
subsequent to July 1~ 1989. AW2 [Plea.. indicate which l\ddldonal statement appl1ca.]
. '-
Thero bu been I proCCCCUng concenUnl lbo' conviction betore a hearing' ottIccr ot
iiieSiate at Florida, Division of Administrativo Hearings. The final order entered by the
hcarina oUicer did not place tho person or attllla~ on tile convicted vendor lisL [Please
attach a copy or the final order.]
- The person or aftiUate wu placed on the convicted vendor list. There has bccn a
sUbsequenl prOceeding before I hearing officer of the State of flOrida, Division ot
Administrative Hearings. The final order entered by the bearing otficer detennincd that it
was in the public micrest 10 remov~ the person or affiliate from the convicted vendor lisL
[Please attach a copy of the final order.]
- The person or affiliate has not bccn placed on the convicted vendor list. [Please
describe Any act10Q ~kel1 by or peedin.: with the Depanmen or General Services.]
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STA'rE OF
COUNTY OP
Yn .A / PERS~ONAT..LY APPEARED BEFORE ME, the undcDfped authonty. '"
~~ · - ~ Who. aAcr aut bciDSlWOm by mc..atftxccl bJslbcr signature
(name or IadlYtdaal .'anIaaJ .
In the space provided above on this d-7' Y of ~ 1. 19' ?,/.
Date:
My commission czpfrC:;:--_. .---- . .
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. MAR.16~ 1995
SONDED THRU GENERAL INS. UNO.
Far::! PUR 7068 (Rev. 11189)
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