10/03/1990
AGREEMENT
THIS AGREEMENT is entered into this ~tJ J~ Ot~obe,=,
1990, by and between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY,
FLORIDA, (BOCC) and BLUE HEAVEN, INC.
NOW, THEREFORE, for and in consideration of the mutual covenants,
contained herein the parties agree as follows:
1.
The BOCC agrees to award $
30.000.00
for the Bahama
Village Goombay Festival October 19, 20, 21, 1990 based on the attached
budget for the event. See Exhibit A.
2. Scope of Services: Blue Heaven, Inc. agrees to a) provide the
County with a three (3) day festival starting Friday, October 19 through
Sunday, October 21,
1990 incorporating Caribbean costumes and dances,
raggae and salsa bands, food booths specializing in island dishes and
handmade island crafts. b) The Royal Bahama Police Band will perform a
Sunset concert on Friday evening, October 19, and on Saturday, October
20, 1990 at the Street Fair. c) Air transportation will be provided by
US AIR for transportation of the Royal Bahama Police Band from Miami to
Key West for a cost of $ 4,080 which will be paid direct to the vendor.
d) Per Diem of $110.00 per band member w~ll be paid directly to the band
member upon certification by Blue Heaven,
Inc.
and the Royal Bahama
Police Band representative for an amount not to exceed $3,850 e) Hotel
accommodation at the Holiday Inn La Concha (22 rooms at $50.00 plus tax
for three (3) nights for an amount not to exceed $3,663 and will be paid
directly to the vendor.
f)
Thomas E. Butler will provide three days
photography services for an amount not to exceed $750. g) WKWF will
provide 80/60 second commercials on WKWF/WAIL to start October 1 and end
October 21st; 100/30 second promotional announcements on WKWF/WAIL (same
as above);
3 hours of live remote broadcast on Saturday, October 20th
from 8:00 p.m. to 11:00 p.m.; Live phone in reports from Friday, October
19 and Sunday, October 21; 3/1 hour guest segments on WKWF AM1600
conversation piece program, 8:00 a.m. to 9:00 a.m. to promote festival
activi ties,
events, and participation by business and organizations; free
production
and talent charges for all commercials and promotional
announcement
produced by WKWF/WAIL for Goombay Festival for a~amount not
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h) The Signsmith will provide two (2) 3 foot by 20 foot banners with
rope at $550.00 each for a total not to exceed $1,100.00 i) The Key West
Citizen will place the following ads: five (5) 30 inch ads 3 inch by 10
inch total size at a civic rate of $6.60 per inch on October 14, 17, 18,
19 and 21 for an amount not to exceed $990. J) Production and logo
provided by Walter H. Thomas for an amount not to exceed $980. k) Three
hundred (300) posters provided by Graphics of Key West for an amount not
to exceed $1,530. 1) Tinsley Advertising and Stuart Newman Associates
will provide advertising and promotional support for an amount not to
exceed $5,257.00 m) Merlin Curry is the official liaison between the
Royal Bahama Police Band and the Monroe County Tourist Development
Council.
3. Payment: The county will pay an amount not to exceed
$30.000.00 directly to the vendors listed upon presentation of a invoice
outlining the services rendered under the Scope of Services.
4. Accountina: Records of Blue Heaven, Inc. pertaining to this proJect
shall be kept on generally recognized accounting principles and shall be
available to the BaCC or to an authorized representative for audit.
5. Modification: Additions to, modi~ications 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
BaCe>
6. Termination of Services: The parties agree to full performance
of the covenants contained in this contract, and the BaeC reserves the
right at its discretion, provided such breach is material, to terminate
the services provided in this contract for any misfeasance, malfeasance,
or nonperformance of the contract terms or negligent performance of the
contract terms by Blue Heaven,' Inc. 120 days after the date of the event,
the contract will be terminated.
7. Non Occurrence of Event: If the event(s) does not take place,
for any reason under control of Blue Heaven, Inc., except for those
reasons in paragraph 19, then Blue H~aven, Inc. agrees to refund to the
BaCe any amounts already paid to them, and relieve the BOCC from any
further payments.
2
8. Risk of Loss: The propose~ agrees to relieve Monroe County of
all risks for loss or damage during any maJor event not caused by BOCC or
its agents.
9. 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. 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.'s employees and/or agents, including
related court costs.
10. Insurance Reauireme~ts: 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 October 10, 1990.
11. Permits: The proposer will provide TOG with proof of all
required permits, licenses and insurance coverage certificates.
12. Laws and Reaulations: It shall be understood and agreed that
any and all services, materials and equipment shall comply fully with all
Local, State and Federal laws and regulations.
13. Taxes: The BOCC/TOC is exempt from Federal Excise and State
of Florida Sales Tax. State Sales Tax and use Tax Certificate Number is
03000 210354.
14. Finance Gharaes: The BOCe/TOC will not be responsible for any
finance charges.
15. Relation of BOGC/TOG. It is the intent of the parties hereto
that Blue Heaven, Inc., shall be legally considered as an independent
contractor and that neither it nor its employees shall, under any
circumstances, be considered servants or agents of the SOCC/TOC shall at
no time be legally responsible for any negligence on
3
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.
16. Disclosure:
The proposer shall be required to list any or all
interest, as defined by Florida Statute 112 and
Ordinance. The proposer shall disclose all actual
potential conflicts or
Monroe County Ethics
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/TDC.
17. Assianment: 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 BOCC/TDC.
18. Compliance with Laws - Nondiscrimination: Blue Heaven, Inc.,
shall comply
applicable to
discriminate
with
all federal,
state and local laws and ordinances
the
on the
work or payment for work thereof, and shall not
grounds of race, color, religion, sex, age, or
the performance of work under this Agreement. This
subJect to all federal, state, and local laws and
national origin in
Agreement shall be
ordinances.
19.
Force Ma,eure:
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 control of
dispute,
strike,
the occurrence of any contingency beyond its control or
any of its subcontractors or suppliers, including labor
labor shortage, war or act of war whether an actual
declaration thereof if made or not, insurrection, sabotage, riot or civil
commotion,
accident,
act
of public enemy,
epidemic,
quarantine restriction,
fire,
explosion, storm,
flood, drought or other act of God, act
Jurisdictional action, or insufficient
of
any
governmental authority,
of fuel, electricity,
or
materials or supplies, or technical
has exercised reasonable care in the
supply
failure
where
Blue
Heaven,
Inc.,
preven~ion thereof, and any such delay or failure shall not constitute a
breach of this Agreement. Upon demand of TDC, Blue Heaven, Inc., must
furnish evidence of the causes of such delay or failure. Blue Heaven,
Inc.,
shall thereafter resume its performance hereunder as soon as such
resumption is reasonably practicable.
4
20. Governina 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 sacc and Blue Heaven, Inc.
21. 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, terminate 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,
employee.
22. Severability: If any provision of this Agreement shall be
held by a Court of competent Jurisdiction to be invalid or unenforceable,
the remainder of this agreement, or the application of such provision
other than those as to which it is invalid or unenforceable, shall not be
gift,
or consideration paid to the former County officer or
affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
5
the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
(SEAL)
Attest:
C-~:':>. ,J c,_ '-, '- ~:)~~~L
(SEAL)
Attest: DANNY L. E:OldHAGE, Clerk
~C\AnM' \ 9C ~\DcrLttA
BLUE HEAVEN, INC.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
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......., "
6
Mayor/Chairman
EXHIBIT ' A'
1990 BAHAMA VILLAGE GOOMBAY FESTIVAL
BUDGET
BAND
22 ROOMS AT THE HOLIDAY INN LA CONCHA @ $55.50/ROOM X 3 NITES $ 3~663.tZ1tZ1
PER DIEM (35 @ $110)
US AIR 40 MEMBERS AT $102/PERSON
CHRISTIAN TRANSPORTATION SERVICES INCORPORATED
2 BANNERS 3 FT BY 20FT AT $550.00 EACH
RADIO ADS BY WKWF/WAIL
PHOTOGRAPHY (THREE DAYS By THOMAS E. BUTLER)
VIDEOGRAPHY BY MITCH MAJOR OCT 19/20/21 AND ROUGH EDIT
PRODUCTION & LOGO
(WALTER H. THOMAS)
POSTERS (GRAPHICS OF KEY WEST)
ISLAND LIFE FANTASY FEST ISSUE 10/18 1/2 PAGE AD
TROPHIES (TOM SAWYER ENTERPRISES)
FLYERS/POSTERS (KEY WEST PRESS)
PRINT MEDIA KEY WEST CITIZEN
TINSLEY ADVERTISING/STUART NEWMAN ASSOCIATES
TOTAL
3,85121.00
4,080.00
1,800.00
1,100.00
1,500.00
75121.00
2,000.1210
980.00
1,530.1210
57121.00
994.80
50121.1210
990.1210
$ 24,31217.80
5.692.20
$ 3121,12100.1210
( S\\'ORN STATEl\ll::NT UNDER SECTION 287.133(3)(u),
· ',,;.~. ~.~ FLORIDA ST(\TUTES, ON punuc ENTIn' CRIMES
" TIllS FORM MUST BE SIGNED IN THE PRESENCE OF' A NOTARY PU.nUC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER' OATHS.
(,
(.
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1.
This sworn statement is submitted with Bid, Proposal or Contract No. _
for P~hl\JV\C\ y 1\ \ Ct~c C~(crnh(~\ FeS1 (~~ I
This sworn statement is submitted by ) \/\t'}J )(~)VE) '\ \.._\~r\C ~
[name of entity subml Dg sworn statement]
wbose business address is -.:l ct q \l\O(\~~\~ S-I / r 0 exJ\ ~.) 3('.
, ,\~ j I
{< E C\, C'k'.,) J I , F L ,~ :::':>0 '- \ 1
(if applicable) its Federal Employer Identification Number (FEIN) is I C! ~ 0031 S - co - sq .
. .
(If the entity bas no FEIN. include the Social Security Number of the individual signing this sworn
~
~/O rinf\ €.... k C r 0 (Kt-. ~~'
[please print name of Individual signing]
entity named above Is f)( t'S\- den t
~,.
~~,:
2.
and
state~e~t:
.)
3.
My name is
and my relationship to the
4.
I understand that a Rpublic entity crimeR as defined in Paragrapb 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 busiIiess with any public entity or witb an agency or political subdivision of any other
state or with tbe United States. including, but not limited to. any bid or contract for goods or
services 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.
S. I understand that "convictedR or "conviction- as defined in Paragrapb 287.133(1)(b), Florida Statute~.
means a finding of guilt or a conviction of a public entity crime. with or Witbout an adjudication of
guilt, in any federal or Slate trial coun of record relating to charges brougbt 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 noJo contendere.
6. " '1 understand that an .affiUateR as defined in Paragraph 287.133(1)(a). Florida Statytes. 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 wbo is active in the management of tbe .
.,' .' ,,' entity and who hI! been convicted of a public entity crime. The term Raffiliate. includes those
' . officers, directors. executives, 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. sball be a prima facie case tbat one person controls
another person. A person who knowingly enters into a joint ventun with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate. .
7. 1 understand that a .personR 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 tmnsacts or applies to transact business
with a public entity. The term Rperson" includes those officers. directors. executiv~. partners,
shareholders. employees. members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in relation \0 tbe
entity Submitting this sworn statement. [Plense indicate which stntemen~ applies.j
8.
'7?~ c " '7 I
'j/
L Neither the entity submitting this swom statement. nor any officers, directors, executives,r. :
panners, shareholders, employees, members, or agents who are active in management of the entity,
nor any affiliate of the entity ha~ been cbarJed. with aDd oonvicted of .apublic entity crime
subsequent to July 1t 1989.
The entity submitting this swom statement, or-one or more of the officers, directors, (
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and oonvicted of a public entity crime
subsequent to July 1, 1989, AN12 [Please Indicate which addltional statement applies.]
, I
'..
There has been a proceeding concerning the conviction before a hearing" officer of
'iiieState of Florida, Division of Administrative Hearings. The fmal order entered by the
bearing omcer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy or the Onal order.]
_ The person or affiliate was placed on the oonvicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor lisL
[P71eae attach a copy or the Onal order.]
_____ The person or affiliate has not been placed on the convicted vendor list.. [please
describe any action taken by or pendlnl with the Department or General Services.]
STATE OF r\oc-i do.
COUNTY OF _ff't>t\ fl) e /
t~AL \\.\lL, ,~
[signature]
Date: l () ~\ C\ D
(~ ~ ~ tt
\ I \f\)\ /\( Q ~/
(
/tJ PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Lt92C;l2/l{ / C~oL4bit who, after first beingswom by me, affixed his/her signature
[name or individual signing] , ' i
in the space provided above on this . / ;( day of 0>- ~ 19 )/ ~ . '.
(/~~/~ t;lyp~(/.
. .
My commission expir~:
NOTARY PUBLIC
NY COMlSSI0N :::TE OF FLOP.IDA
eo'OED rHRU GE'ERA- liAR 16,199J
'.. l INS. UND.
" "
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For::1 PUR 7068 (Rev. 11189)
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GLS 335577
10/19/90
10/28/90 !ct:~4!O $1,000, $ 1,000)
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lA,.~'rASY FEST '90
AU~ 1'IS SPOHSORS, DIRrC'fORS ~ C00lU)INATO
l~~D E~J>LOY~ES
Additional Insureds for Fantasy Fcst '90
Policy nGLS335577
j,
j 1. Fantasy Fest '90 All its spon.ors, d1rQctors, coor41rtator., an~ employees
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2._ Monroe Association of Retarded Citi~enB, 812 Southard Street, Key West, FL 33040
)-
3.
City of Key West, 525 Angela Stree.t, Key West, FL 33040
4.
County of Honroe, Florida) Monroe County Courthouse, Whitehe3d Street, Key Wast, FL
s.
6.
Stuart Newman Associates, 2660 8riekell Avenue, Miami, FL
33129
Truman Anntx Company, Truman Annex, Key West, FL
33040
7, Market Share Company, 812 Southard Street, ley West. it 33040
8.
Southeast Bank, 422 Front sereet, Key West, FL 33040
9. ~Iarty'e L1Shts & Gripe, c/o Stuart Newman & Associates, 2660 Brickell Ave, Miami. FL
10.
Blue Heaven Inc./Coom Bay, 729 Thomas Street~ Key We.t. FL 33040