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HomeMy Public PortalAbout2019-71 Authorizing agreement with Reflections Productions Inc. and All Star Events IncRESOLUTION NO 2019-71 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AGREEMENTS WITH REFLECTIONS PRODUCTIONS, INC AND ALL STAR EVENTS INC FOR PRODUCTION AND ENTERTAINMENT FOR WINTERFEST, PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne Florida (the `Village") desires to engage Reflections Productions Inc and All Star Events Inc (the Contractors") for production and entertainment for the Village s Wmterfest event and WHEREAS, Village staff recommends that the Village Council waive competitive biddmg, pursuant to Section 2-85 of the Village Code of Ordinances (the "Village Code") because it is impractical to apply such procedures given the Contractors extensive history and expenence m assisting the Village in Wmterfest, and WHEREAS, the Village Council authonzes the Village Manager to execute agreements, consistent with the proposals attached as Exhibit A," with the Contractors for Wmterfest and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted Each of the above stated recitals are hereby adopted, confirmed and incorporated herein Section 2 Authorization The Village Council hereby authorizes the Village Manager to execute agreements, consistent with the proposals attached as Exhibit "A, with the Contractors for Wmterfest 1 VILLAGE ATTORNEY Section 3. Waiver of Competitive Bidding. The Village Council hereby waives competitive bidding, pursuant to Section 2-85 of the Village Code, because it is impractical to apply such procedures given the Contractors' extensive history and experience in assisting the Village in Winterfest. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 19th day of November, 2019. ATTEST: J INIFER MEDINA, CMC ILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN 2 Contract Page Page 1 of 5 Exhibit A ALLSTR EVE \TS THE BEST IN QUALITY ENTERTAINMENT All Star Events 14475 NW 60th Avenue Bldg #33 Miami Lakes, FL, 33014 Phone: 3056230058 Fax: (305) 558-4724 VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH/DAVID CARRENO Event Location COMMUNITY CENTER 10 VILLAGE GREENWAY KEY BISCAYNE, FL 33149 Cell: (786) 255-6771 Home: (786) 501-1732 Office: (305) 365-8900 Invoice: 5626133 Order Date: 8/23/2019 Sales Rep: Andrea Friedman Original Invoice #: 52344 PO #: Start Date: Sat, Dec 7, 2019 6:00pm End Date: Sun, Dec 8, 2019 10:00pm Delivery method: Fully Staffed Name Qty Total ST •' -( AMAZON Amazon ZipLine 1 $4,500.00 s:a , Frog Hopper 1 $2,990.00 Tow Behind Generator 1 $0.00 ST it F Le Fiberglass Fair •Slide 1 $2,990.00 State Inspection - NK - Weekday 1 $195.00 iA , ,,. �j.- FLY= Dixie Flyer 1 $2,190.00 State Inspection - NK - Weekday 1 $195.00 .aw . l2 Mickey Adventure Playcenter 1 $1.000.00 Generator 5 $475.00 Contract Page Page 2 of 5 Exhib.t A Rentals subtotal $14,535.00 Staffing $0.00 Delivery $0.00 Fees $0.00 Sales Tax Exe 0p0 $0.00 Total $14,535.00 Deposit Due $7,267.50 Amount Paid $0.00 Balance Due $14,535.00 EVENT CONTACT NAME:TODD HOFFERBERTH EVENT CONTACT PHONE NUMBER:(786) 255-6771 SITE CHECK REQUIRED?: YES EQUIPMENT TO BE SET UP ON: Grass Concrete Inside Other(please specify) PLACE OF EVENT: Specify where the event will take place (front yard, specific ballroom, etc.) SPECIAL DRIVING DIRECTIONS: TYPE OF ACCESS: Double Gate Single Gate Other(Please Specify) PLEASE SPECIFY ACCESSIBILITY OF ELECTRICAL SOURCE: PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (if applicable): CONFIRM WATER IS WITHIN 100FT: LIST ANY ADDITIONAL SETUP SPECIAL REQUIREMENTS: DOES IT REQUIRE A STATE INSPECTION: **fair slides, flyer, wrecking ball or shockwave, OR 4 or more mechanical kiddie rides- also include late fee if event is within 14 days! Can sign private affidavit if meets requirements. PREFERRED SET UP TIME: Make sure to add early set up fee if required Details for State Inspection - NK - Weekday: **fair slides, flyer, wrecking ball, swings, or shockwave, OR 4 or more mechanical kiddie rides require state inspection. Late fee required if within 14 days of event. Can sign private affidavit if meets requirements. Details for State Inspection - NK - Weekday: **fair slides, flyer, wrecking ball, swings, or shockwave, OR 4 or more mechanical kiddie rides require state inspection. Late fee required if within 14 days of event. Can sign private affidavit if meets requirements. Please note that is the responsibility of the client to review the event date(s), start and end times, event! location details, and equipment and/ or services requested above for accuracy. THANK YOU FOR YOUR BUSINESS! It is the Customer's responsibility to thoroughly familiarize themselves with ASE's Terms and Conditions. All Star Events Contract Terms and Conditions PLEASE SIGN AND RETURN THE CONTRACT ELECTRONICALLY OR FAX TO (305) 558- 4724 WITHIN 48 HOURS ALONG WITH REQUIRED NON-REFUNDABLE DEPOSIT TO CONFIRM EVENT. BALANCE IS DUE UPON DELIVERY BEFORE EVENT STARTS.* IF IT IS A MULTIPLE DAY EVENT, BALANCE IS DUE ON THE FIRST DAY BEFORE EVENT STARTS. THANK YOU FOR YOUR BUSINESS! Contract Page Page 3 of 5 Exhibit A ' If you are booking solely performers, shows, tables, chairs, etc balance must be paid in full prior to date of event. If you are booking within seven (7) days of your event date, you must pay your balance in full By signing below I acknowledge and accept all of the provisions set forth in this contract the terms and conditions included and the participant agreement and release & assumption of risk No oral modifications will be considered unless reduced to writing and signed by all parties Please note that it is the responsibility of the client to review the contract in its entirety for accuracy including but not limited to event date(s) start & end times equipment and/or services requested PAYMENTS A NON REFUNDABLE DEPOSIT of 7 267 50 In the form of check credit card (electronically) or money order to ALL STAR EVENTS INC Sabel Square Bldg # 33 14475 NW 60TH AVENUE MIAMI LAKES FL33014 The balance will be payable in full on the day of event by cash check credit card (if deposit was paid by credit card — using same card) or money order upon delivery before event starts If it is a multiple day event balance is due on the first day before event starts If the balance is not paid pnor to the start of the event ASE reserves the nght to use the credit card on file that was used to pay the deposit to pay the remaining balance There will be $35 00 service charge for any retumed checks ALL EVENTS TOTALING $5 000 00 OR MORE MUST BE PAID IN FULL BEFORE THE DAY OF EVENT All monies paid are non refundable In the event of ASE not being able to fulfill any portion of this contract equipment malfunction etc monies are not reimbursed credit towards a future event is held on account for customer to use within the following six (6) months from the date of original event date In the event of an overpayment if payment was made with a credit card refunds are made via company check within a seven (7) day penod CANCELLATION POLICY Cancellations due to inclement weather or any other cause must be made by 4 PM the day before the event regardless of time of event Cancellations may be made by calling the main office at (305) 623-0058 ONCE THE EQUIPMENT IS AT THE EVENT, PAYMENT IN FULL IS DUE RAIN OR SHINE In the event of an approved cancellation all monies paid will be kept on record and can be applied to any future booking within 6 months from the contracted event date but it will not be refunded The deposit is non transferable without pnor authonzation Monies kept on file longer than 6 months will be forfeited GENERAL ASE reserves the nght to swap equipment for a comparable unit or upgrade at its discretion ASE will consider and whenever possible honor special requests i e early set up at an additional fee ASE will provide only ONE (1) 100 -ft hose for each water product rented It is the customer's responsibility to provide additional hose(s) if water source Is located farther than 100 -ft from set up location Absolutely NO changes to the contract can be made directly with field staff Customer MUST contact the office If your event set up is completed early it is ASE discretion as to whether we can begin your event early If your event will take place in a park it Is the customers responsibility to obtain permission for special activities such as water products music etc contract Page gage 4 of Exh,bit A When booking large items, it is the customer's responsibility to ensure that they will have sufficient spacing and entrance to accommodate the unit(s) that they have ordered. If a customer is unsure of their spacing, ASE will be happy to conduct a 'site check' in order to avoid a problem or delay on the day of event. If customer does not secure proper spacing, ASE is NOT responsible and full payment will be due with no discount. ASE reserves the right to shut down equipment if it deems that weather conditions are dangerous to the operation of the equipment and to those using same. ASE is not responsible for electrical pipes, sprinklers or any water pipes damaged during the setup, takedown or use of our equipment on customer's property. Our attendants do their best to assist in collecting your event tickets and observing your event wrist bands; however, we suggest that if you really want to be strict on this, please provide a volunteer. ASE will not be held accountable for lost revenue due to this process. Any problems, issues, complaints, injuries, etc., should be reported to the manager on -site at your event PRIOR to the event ending and our team leaving the venue so that they can be duly noted and documented. UNATTENDED EQUIPMENT Lessee expressly agrees & promises to accept & assume all of the risk existing in the activity, lessee agrees to supervise all activity & proper use at all times. Lessee agrees to release, forever discharge & hold harmless for any injuries, damages, or claims that result from lessee's negligence. Lessee is responsible for equipment being retumed in working condition. PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of All Star Events Inc. their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ASE"), t hereby agree to release, indemnify, and discharge ASE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. 1.1 acknowledge that my participation in sumo suit, inflatable games, amusement devices, amusement rides, zip line, climbing walls, corn mazes, water ball or any other amusement activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; collision with people or other objects; the hazards of walking on uneven terrain and slips and falls; being jolted, jarred, bounced, thrown about and otherwise shaken during rides; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; the use of ropes, harnesses, and other equipment; the forces of nature, including lightning and rapid weather changes; the risk of falling from significant heights, exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; cardiac related events or illness; drowning; colliding with others; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; cardiac related illness; drowning; equipment failure or operator error; condition of the track; the negligence of participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity. Furthermore, ASE employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participants fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 1. 2.1 expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary. and I elect to participate in spite of the risks. 1. 3.1 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this Contract rage rage 3 or Exhibit A activity or my use of ASE s equipment or facilities including any such claims which allege negligent acts or omissions of ASE 4 Should ASE or anyone acting on their behalf be required to incur attorney s fees and costs to enforce this agreement I agree to indemnify and hold them harmless for all such fees and costs 1 5 I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself I further certify that I am willing to assume the nsk of any medical or physical condition I may have 1 6 In the event that I file a lawsuit against ASE I agree to do so solely in the state of Flonda and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state I agree that if any porhon of this agreement is found to be void or unenforceable the remaining document shall remain in full force and effect By signing this document; I acknowledge that if anyone is hurt or property is damaged dung my participation in this activity I may be found by a court of law to have waived my right to maintain a lawsuit against ASE on the basis of any claim from which 1 have released them herein I have had sufficient opportunity to read this entire document. I have read and understood it and! agree to be bound by its terms I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT Signature Date Phone number Pnnted Name Contract Page Page 1 of Exhibit A ALLSTA'REVE\TS THE BEST IN QUALITY ENTERTAINMENT All Star Events 14475 NW 60th Avenue Bldg #33 Miami Lakes, FL, 33014 Phone: 3056230058 Fax: (305) 558-4724 VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH/DAVID CARRENO Event Location COMMUNITY CENTER 10 VILLAGE GREENWAY KEY BISCAYNE, FL 33149 CeII: (786) 255-6771 Home: (786) 501-1732 Office: (305) 365-8900 Name Qty Total (4111 rook le eact . Face To Face Climbing Wall 1 $1,990.00 Liability Waiver Form - GUEST 1 $0.00 i.-.,:..!,. 4 Station Bungee 1 $2,990.00 Generator 2 $200.00 Invoice: 5626099 Order Date: 8/23/2019 Sales Rep: Andrea Friedman Original Invoice #: 52213 PO #: Start Date: Sat. Dec 7, 2019 6:00pm End Date: Sun, Dec 8, 2019 10:00pm Delivery method: Fully Staffed Rentals subtotal Staffing Delivery Fees Sales Tax Total Deposit Due Amount Paid Balance Due EVENT CONTACT NAME:TODD HOFFERBERTH EVENT CONTACT PHONE NUMBER:(786) 255-6771 Exempt 0% $5,180.00 $0.00 $50.00 $0.00 $0.00 $4,729.20 $2.364.60 $0.00 $4.729.20 SITE CHECK REQUIRED?: YES EQUIPMENT TO BE SET UP ON: Grass Concrete Inside Other(please specify) PLACE OF EVENT: Specify where the event will take place (front yard, specific ballroom, etc.) Contract Page Page 2 of 5 Exhibit A SPECIAL DRIVING DIRECTIONS TYPE OF ACCESS Double Gate Single Gate Other(Please Specify) PLEASE SPECIFY ACCESSIBILITY OF ELECTRICAL SOURCE PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (if applicable) CONFIRM WATER IS WITHIN 100FT LIST ANY ADDITIONAL SETUP SPECIAL REQUIREMENTS DOES IT REQUIRE A STATE INSPECTION "fair slides flyer wrecking ball or shockwave OR 4 or more mechanical kiddie rides- also include late fee if event is within 14 days, Can sign private affidavit if meets requirements PREFERRED SET UP TIME Make sure to add early set up fee if required Please note that is the responsibility of the client to review the event date(s). start and end times, event/ location details. and equipment and/ or services requested above for accuracy THANK YOU FOR YOUR BUSINESS! It is the Customer's responsibility to thoroughly famdranze themselves with ASE s Terms and Conditions All Star Events Contract Terms and Conditions PLEASE SIGN AND RETURN THE CONTRACT ELECTRONICALLY OR FAX TO (305) 558- 4724 WITHIN 48 HOURS ALONG WITH REQUIRED NON REFUNDABLE DEPOSIT TO CONFIRM EVENT BALANCE IS DUE UPON DELIVERY BEFORE EVENT STARTS * IF IT IS A MULTIPLE DAY EVENT BALANCE IS DUE ON THE FIRST DAY BEFORE EVENT STARTS THANK YOU FOR YOUR BUSINESS! • If you are booking solely performers, shows, tables, chairs, etc , balance must be paid in full prior to date of event. If you are booking within seven (7) days of your event date, you must pay your balance in full By signing below I acknowledge and accept all of the provisions set forth in this contract the terms and conditions included and the participant agreement and release & assumption of nsk No oral modifications will be considered unless reduced to wnting and signed by all parties Please note that it is the responsibility of the client to review the contract in its entirety for accuracy including but not limited to event date(s) start & end times equipment and/or services requested PAYMENTS A NON REFUNDABLE DEPOSIT of 2 364 60 in the form of check credit card (electronically) or money order to ALL STAR EVENTS INC Sabal Square Bldg # 33 14475 NW 60TH AVENUE MIAMI LAKES FL 33014 The balance will be payable in full on the day of event by cash check credit card (if deposit was paid by credit card — using same card) or money order upon delivery before event starts If it is a multiple day event balance is due on the first day before event starts If the balance is not paid pnor to the start of the event ASE reserves the nght to use the credit card on file that was used to pay the deposit to pay the remaining balance There will be $35 00 service charge for any returned checks ALL EVENTS TOTALING $5 000 00 OR MORE MUST BE PAID IN FULL BEFORE THE DAY OF EVENT Contract Page Page 3 of 5 Exhibit A All monies paid are non refundable In the event of ASE not being able to fulfill any portion of this contract equipment malfunction etc monies are not reimbursed credit towards a future event is held on account for customer to use within the following six (6) months from the date of onginal event date In the event of an overpayment if payment was made with a credit card refunds are made via company check within a seven (7) day penod CANCELLATION POLICY Cancellations due to inclement weather or any other cause must be made by 4 PM the day before the event regardless of time of event Cancellations may be made by calling the main office at (305) 623-0058 ONCE THE EQUIPMENT IS AT THE EVENT PAYMENT IN FULL IS DUE RAIN OR SHINE In the event of an approved cancellation all monies paid will be kept on record and can be applied to any future booking within 6 months from the contracted event date but it will not be refunded The deposit is non transferable without prior authonzation Monies kept on file longer than 6 months will be forfeited GENERAL ASE reserves the nght to swap equipment for a comparable unit or upgrade at its discretion ASE will consider and whenever possible honor special requests i e early set up at an addrHonal fee ASE will provide only ONE (1) 100 -ft hose for each water product rented It is the customer's responsibility to provide additional hose(s) if water source is located farther than 100 -ft from set up location Absolutely NO changes to the contract can be made directly with field staff Customer MUST contact the office If your event set up is completed early it is ASE discretion as to whether we can begin your event early If your event will take place in a park it is the customer's responsibility to obtain permission for special activities such as water products music etc When booking large items it is the customer s responsibility to ensure that they will have sufficient spacing and entrance to accommodate the unit(s) that they have ordered If a customer is unsure of their spacing ASE will be happy to conduct a site check in order to avoid a problem or delay on the day of event If customer does not secure proper spacing ASE is NOT responsible and full payment will be due with no discount ASE reserves the nght to shut down equipment if it deems that weather conditions are dangerous to the operation of the equipment and to those using same ASE is not responsible for electncal pipes spnnklers or any water pipes damaged dunng the setup takedown or use of our equipment on customer's property Our attendants do their best to assist in collecting your event tickets and observing your event wrist bands however we suggest that if you really want to be stnct on this please provide a volunteer ASE will not be held accountable for lost revenue due to this process Any problems issues complaints 'Nunes etc should be reported to the manager on site at your event PRIOR to the event ending and our team leaving the venue so that they can be duly noted and documented UNATTENDED EQUIPMENT Lessee expressly agrees & promises to accept & assume all of the risk existing in the activity lessee agrees to supervise all activity & proper use at all times Lessee agrees to release forever discharge & hold harmless for any infunes damages or claims that result from lessee s negligence Lessee is responsible for equipment being retumed in working condition PARTICIPANT AGREEMENT RELEASE AND ASSUMPTION OF RISK Contract Page rage 4 01 3 Exhibit A In consideration of the services of All Star Events Inc their agents owners officers volunteers participants employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as ASE) I hereby agree to release indemnify and discharge ASE on behalf of myself my spouse my children my parents my heirs assigns personal representative and estate as follows 1 1 I acknowledge that my participation in sumo suit inflatable games amusement devices amusement ndes zip line climbing walls corn mazes water ball or any other amusement activities entails known and unanticipated nsks that could result in physical or emotional injury paralysis death or damage to myself to property or to third parties I understand that such nsks simply cannot be eliminated without jeopardizing the essential qualities of the activity The risks Include among other things slips and falls collision with people or other objects the hazards of walking on uneven terrain and slips and falls being jolted jarred bounced thrown about and otherwise shaken dunng ndes rope bums pinches scrapes twists and jolts that could result in scratches bruises sprains lacerations fractures concussions or even more severe life threatening hazards the use of ropes hamesses and other equipment the forces of nature including lightning and rapid weather changes the nsk of falling from significant heights exposure to temperature and weather extremes which could cause hypothermia hyperthermia (heat related illnesses) heat exhaustion sunbum dehydration cardiac related events or illness drowning colliding with others strains sprains broken bones and musculoskeletal injuries including head neck and back injunes cuts abrasions and bruises cardiac related illness drowning equipment failure or operator error condition of the track the negligence of participants or other persons who may be present my own physical condition and the physical exertion associated with this activity Furthermore ASE employees have difficult jobs to perform They seek safety but they are not infallible They might be unaware of a participant s fitness or abilities They may give incomplete warnings or instructions and the equipment being used might malfunction 1 2 I expressly agree and promise to accept and assume all of the nsks existing in this activity My participation in this activity is purely voluntary and I elect to participate in spite of the nsks 1 3 I hereby voluntanly release forever discharge and agree to indemnify and hold harmless ASE from any and all claims demands or causes of action which are in any way connected with my participation in this activity or my use of ASE s equipment or facilities including any such claims which allege negligent acts or omissions of ASE 4 Should ASE or anyone acting on their behalf be required to incur attomey s fees and costs to enforce this agreement I agree to indemnify and hold them harmless for all such fees and costs 1 5 I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself I further certify that I am wilting to assume the nsk of any medical or physical condition I may have 1 6 In the event that I file a lawsuit against ASE I agree to do so solely in the state of Flonda and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state I agree that if any portion of this agreement is found to be void or unenforceable the remaining document shall remain in full force and effect By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity I may be found by a court of law to have waived my right to maintain a lawsuit against ASE on the basis of any claim from which 1 have released them herein l have had sufficient opportunity to read this entire document I have read and understood it and I agree to be bound by its terms Lontract rage rage a 01 a Exhibit A I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT Signature Date Phone number Pnnted Name Contract Page t'age t of , Exhibit A ALLSTA'REVE\TS THE BEST IN QUALITY ENTERTAINMENT All Star Events 14475 NW 60th Avenue Bldg #33 Miami Lakes, FL, 33014 Phone: 3056230058 Fax: (305) 558-4724 VILLAGE OF KEY BISCAYNE TODD HOFFERBERTH/DAVID CARRENO Event Location COMMUNITY CENTER 10 VILLAGE GREENWAY KEY BISCAYNE, FL 33149 Cell: (786) 255-6771 Home: (786) 501-1732 Office: (305) 365-8900 Invoice: 5558281 Order Date: 8/23/2019 Sales Rep: Andrea Friedman Original Invoice #: 52211 PO #: Start Date: Sun, Dec 8, 2019 4:30pm End Date: Sun, Dec 8, 2019 6:30pm Delivery method: Fully Staffed Name Qty Total Santa- Authentic Beard 1 $1,120.00 Rentals subtotal Staffing Delivery Fees Sales Tax Total Deposit Due Amount Paid Balance Due EVENT CONTACT NAME:TODD HOFFERBERTH EVENT CONTACT PHONE NUMBER:(786) 255-6771 Exempt 0% $1,120.00 $0.00 $0.00 $32.40 $0.00 $1,152.40 $576.20 $0.00 $1,152.40 SITE CHECK REQUIRED?: YES EQUIPMENT TO BE SET UP ON: Grass Concrete Inside Other(please specify) PLACE OF EVENT: Specify where the event will take place (front yard, specific ballroom, etc.) SPECIAL DRIVING DIRECTIONS: TYPE OF ACCESS: Double Gate Single Gate Other(Please Specify) PLEASE SPECIFY ACCESSIBILITY OF ELECTRICAL SOURCE: PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (if applicable): CONFIRM WATER IS WITHIN 100FT: LIST ANY ADDITIONAL SETUP SPECIAL REQUIREMENTS: DOES IT REQUIRE A STATE INSPECTION: **fair slides, flyer, wrecking ball or shockwave, OR 4 or more mechanical kiddie rides- also include late fee if event is within 14 days! Can sign private affidavit if meets requirements. Contract Page Page 2 of 5 Exhibit A PREFERRED SET UP TIME Make sure to add early set up fee if required Details for Santa- Authentic Beard Must pay 50% Non refundable deposit on Santa bookings There is a cancellation fee of 50% Must cancel 24 hours prior to date of event Please note that is the responsibility of the client to review the event date(s), start and end times, event/ location details, and equipment and/ or services requested above for accuracy THANK YOU FOR YOUR BUSINESSI 11 is the Customer's responsibility to thoroughly famthanze themselves with ASE s Terms and Conditions All Star Events Contract Terms and Conditions PLEASE SIGN AND RETURN THE CONTRACT ELECTRONICALLY OR FAX TO (305) 558- 4724 WITHIN 48 HOURS ALONG WITH REQUIRED NON REFUNDABLE DEPOSIT TO CONFIRM EVENT BALANCE IS DUE UPON DELIVERY BEFORE EVENT STARTS * IF IT IS A MULTIPLE DAY EVENT, BALANCE IS DUE ON THE FIRST DAY BEFORE EVENT STARTS THANK YOU FOR YOUR BUSINESSI If you are booking solely performers, shows, tables, chairs, etc balance must be paid in full prior to date of event. If you are booking within seven (7) days of your event date you must pay your balance in full By signing below I acknowledge and accept all of the provisions set forth in this contract the terms and conditions included and the participant agreement and release & assumption of risk No oral modifications will be considered unless reduced to writing and signed by all parties Please note that it is the responsibility of the client to review the contract in its entirety for accuracy including but not limited to event date(s) start & end times equipment andlor services requested PAYMENTS A NON REFUNDABLE DEPOSIT of 576 20 in the form of check credit card (electronically) or money order to ALL STAR EVENTS INC Saba! Square Bldg # 33 14475 NW 60TH AVENUE MIAMI LAKES FL 33014 The balance will be payable in full on the day of event by cash check credit card (if deposit was paid by credit card — using same card) or money order upon delivery before event starts If d is a multiple day event balance is due on the first day before event starts If the balance is not paid pnor to the start of the event ASE reserves the right to use the credit card on file that was used to pay the deposit to pay the remaining balance There will be $35 00 service charge for any returned checks ALL EVENTS TOTALING $5 000 00 OR MORE MUST BE PAID IN FULL BEFORE THE DAY OF EVENT All monies paid are non refundable In the event of ASE not being able to fulfill any portion of this contract equipment malfunction etc monies are not reimbursed credit towards a future event is held on account for customer to use within the following six (6) months from the date of original event date In the event of an overpayment if payment was made with a credit card refunds are made via company check Contract Page Page 3 of 5 Exhibit A within a seven (7) day period. CANCELLATION POLICY Cancellations, due to inclement weather, or any other cause, must be made by 4 PM the day before the event, regardless of time of event. Cancellations may be made by calling the main office at (305) 623-0058. ONCE THE EQUIPMENT IS AT THE EVENT, PAYMENT IN FULL IS DUE, RAIN OR SHINE. In the event of an approved cancellation, all monies paid will be kept on record and can be applied to any future booking within 6 months from the contracted event date, but it will not be refunded. The deposit is non -transferable without prior authorization. Monies kept on file longer than 6 months will be forfeited. GENERAL ASE reserves the right to swap equipment for a comparable unit or upgrade at its discretion. ASE will consider, and whenever possible, honor special requests, i.e., early set-up, at an additional fee. ASE will provide only ONE (1) 100 -ft hose for each water product rented. It is the customer's responsibility to provide additional hose(s) if water source is located farther than 100 -ft from set-up location. Absolutely NO changes to the contract can be made directly with field staff. Customer MUST contact the office. If your event set-up is completed early, it is ASE discretion as to whether we can begin your event early. If your event will take place in a park, it is the customers responsibility to obtain permission for special activities such as: water products, music, etc. When booking large items, it is the customer's responsibility to ensure that they will have sufficient spacing and entrance to accommodate the unit(s) that they have ordered. If a customer is unsure of their spacing, ASE will be happy to conduct a 'site check' in order to avoid a problem or delay on the day of event. If customer does not secure proper spacing, ASE is NOT responsible and full payment will be due with no discount. ASE reserves the right to shut down equipment if it deems that weather conditions are dangerous to the operation of the equipment and to those using same. ASE is not responsible for electrical pipes, sprinklers or any water pipes damaged during the setup, takedown or use of our equipment on customers property. Our attendants do their best to assist in collecting your event tickets and observing your event wrist bands: however, we suggest that if you really want to be strict on this, please provide a volunteer. ASE will not be held accountable for lost revenue due to this process. Any problems, issues, complaints, injuries, etc., should be reported to the manager on -site at your event PRIOR to the event ending and our team leaving the venue so that they can be duly noted and documented. UNATTENDED EQUIPMENT Lessee expressly agrees & promises to accept & assume all of the risk existing in the activity, lessee agrees to supervise all activity & proper use at all times. Lessee agrees to release, forever discharge & hold harmless for any injuries, damages, or claims that result from lessee's negligence. Lessee is responsible for equipment being returned in working condition. PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of All Star Events Inc, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ASE"), I hereby agree to release, indemnify, and discharge ASE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. 1.1 acknowledge that my participation in sumo suit, inflatable games, amusement devices, amusement rides. zip line, climbing walls, corn mazes, water ball or any other amusement activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis. death, or damage to myself, to contract rage Exhib t A raze4Ot J • property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; collision with people or other objects; the hazards of walking on uneven terrain and slips and falls; being jolted, jarred, bounced, thrown about and otherwise shaken during rides; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; the use of ropes, harnesses, and other equipment; the forces of nature, including lightning and rapid weather changes; the risk of falling from significant heights, exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; cardiac related events or illness; drowning; colliding with others; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; cardiac related illness; drowning; equipment failure or operator error; condition of the track; the negligence of participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity. Furthermore, ASE employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 1. 2.1 expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 1. 3.1 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ASE's equipment or facilities, including any such claims which allege negligent acts or omissions of ASE. 4. Should ASE or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 1. 5.1 certify that 1 have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. 1 further certify that I am willing to assume the risk of any medical or physical condition I may have 1. 6.In the event that 1 file a lawsuit against ASE, I agree to do so solely in the state of Florida, and l further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 1 agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ASE on the basis of any claim from which 1 have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and 1 agree to be bound by its terms. I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT. Signature Date Phone number: Lontract rage Exhibit A rage 3 or a Printed Name RertECTIONS PRODUCTIONS INC. Florida's Creative Source 23750 SW 132 Avenue Homestead, FL 33032 786-504-2369 / 786-255-4949 QUOTE 11/5/201' Show Name: 3224- Key Biscayne - Winterfest 2019 #531469 voiced to: 'illage of Key Biscayne Village Green Way .ey Biscayne, FL 33149 35-365-8900 'lient Contact: Todd Hofferberth 'ontact Cell: thofferberth@keybiscayne.fl.gov Setup 12/6/2019 Show 12/6/2019 Show 12/7/2019 Pick Up 12/7/2019 Venue: Village Green Park Edit 400 Crandon Blvd Key Biscayne, FL 33149 Venue Contact: Tales Person: Thomas Mitchell tom@reflectionsproductions.com 786-255-4949 Project Manager: Michael Wellman michael@reflectionsproductions.com 786-346-0078 Quantity Description Duration Terms: NET 30 Price Subtotal 1 Basic VRX System 1 Days $0.00 $0.00 1 Yamaha TF I Mixer I Days $175.00 $175.00 1 Mic Package PG (6-58/6-57/1-48S+6ADI100) 1 Days $144.00 $144.00 2 JBL 515 Eons 1 Days $55.00 $110.00 1 MASTER 10x10 Tent -Blue 1 Days $120.00 $120.00 1 RGBWAUV PAR H 12IP -Ch 8 pack 1 Days $440.00 $440.00 1 Computer Laptop System 1 Days $50.00 $50.00 1 L1420- House Whip 125/250v 200' (on Apex) 1 Days $35.00 $35.00 1 L1420- 4 quad stringer 125/250v 75' (APEX) 1 Days $17.00 $17.00 1 L1420- 5 quad stringer 125/250v 75' (APEX) 1 Days $19.00 $19.00 1 Apex 3224 Mobile Stage System 1 Days $3,600.00 $3,600.00 Total Snow Quantity Description Duration $4,710.00 Price Subtotal 6 Snow Machine 1 Days $75.00 $450.00 6 Xtra Dry Snow Juice (40' outdoor) 8oz=1 Gallon 1 Sale $0.00 $0.00 Note: *****must be mixed w water 6 12" box truss- HEAVY DUTY 10' 1 Days $100.00 $600.00 6 Mcdium Truss Base (30") 1 Days $25.00 $150.00 Page 1 of 3 Job# 531469 Printed 11/5/2019 3:10 PM Exhibit A Snow Quantity Description Duration Price Subtotal 2 L1420- 5 quad stringer 125/250v 120' 1 Days $35.00 $70.00 Total Snow Power Quantity Description Duration Price $1,270.00 Subtotal 1 Multiquip 25 kw Generator Note: *Actual FUEL used billed SEPARATELY 1 Multiquip 45kw Generator Note: *Actual FUEL used will billed SEPARATELY unless Pre -Paid by estimated usage. 2 Power Distro System (Handcart) 4 L1420- 5 quad stringer 125/250v 120' 2 L1420- House Whip 125/250v 150' 2 L1420- Extention 125/250v 120' 1 Green Power Distro Rack 1 100' 6/4 2x50 125/250v extension 1 Days 1 Days 1 Days 1 Days 1 Days 1 Days 1 Days 1 Days $350.00 $350.00 $425.00 $425.00 $100.00 $35.00 $30.00 $0.00 $100.00 $40.00 $200.00 $140.00 $60.00 $0.00 $100.00 $40.00 Total Power Additional Generators Quantity Description Duration Price $1,315.00 Subtotal 2 Multiquip 25kw Generator Note: *Actual FUEL used will billed SEPARATELY unless Pre -Paid by estimated usage. 2 Power Distro System (Handcart) 1 Days 1 Days $350.00 $700.00 S100 00 $200.00 Total Additional Generators Labor Datc Start End QTY Personnel/Task Duration Unit Price $900.00 Subtotal Dec 619 10:00 AM 10:00 AM 10:00 AM 5:00 PM 5:00 PM 5:00 PM 5:00 PM Dec 719 3:00 PM 1 3:00 PM 1 3:00 PM 2 10:00 PM 1 10:00 PM 1 10:00 PM 1 10:00 PM 1 3:00 PM 11:00 PM 1 A2- AUDIO TECHNICIAN/Set Up ELECTRIC/Set Up STAGE HAND/Set Up A2- AUDIO TECHNICIAN/Show ELECTRIC/Show STAGE HAND/Show STAGE MANAGER/Show 5 Hour(s) 5 Hour(s) 5 Hour(s) 5 Hour(s) 5 Hour(s) 5 Hour(s) 5 Hour(s) $40.00 $45.00 $30.00 $40.00 $45.00 $30.00 $40.00 A2- AUDIO TECHNICIAN/Show/ 8 Hour(s) $40.00 $200.00 $225.00 $300.00 $200.00 $225.00 $150.00 $200.00 $320.00 Page 2 of 3 Job# 531469 Printed 11/5/2019 3:10 PM Exhibit A LABOR Date Start End QTY Personnel/Task Duration Unit Price Subtotal 3 00 PM 11 00 PM 1 ELECTRIC/Show/Strike 8 Hour(s) $45 00 3 00 PM 11 00 PM 1 STAGE MANAGER/Show/Strike 8 Hour(s) $30 00 8 00 PM 11 00 PM 2 STAGE HAND/Stnke 3 Hour(s) $30 00 $360 00 $240 00 $180 00 Total Labor $2 600 00 Deltvery/Misc Quantity Descnption Pnce Subtotal 4 Generator Transportation Dade County 1 APEX 3224 Transportatton Dade County $140 00 $560 00 $0 00 $0 00 Total Delivery/Misc $560 00 Notes NOTE Includes one day snow & NO backline Product Total $8,195 00 Discount (83 600 00) Labor 82 600 00 Delivery/Misc 8560 00 Job Total $7,755 00 This Quote/Proposal is valid for 7 days from date of issue Pncing listed within is subject to change and availability may be limited after exptraton of this Quote/Proposal To lock in this pncmg and availability please email an acceptance before this expiration Page 3 of 3 Job# 531469 Pnnted 11/5/2019 3 10 PM Exhibit A EIREFLECTIONS PRODUCTIONS INC. Florida's Creative Source Terms of Use: SERVICES #1- REFLECTIONS will be allowed free & clear access to the site from the commencement of the set up of all enclosed listed equipment until the complete removal of the same. #2- REFLECTIONS will be provided adequate power within 100' of the Performance Area (or stage) at no cost to REFLECTIONS. Should REFLECTIONS require a 'TIE IN" to electrical service, CLIENT will provide a qualified licensed electrician to connect & disconnect. Should REFLECTIONS provide a generator (if listed above &/or within this contract) the CLIENT understands and agrees to pay a separate invoice for ACTUAL FUEL cost within 7 days of show. #3- THE CLIENT will be responsible for the safe use, security and well being of all equipment from and including set-up to tear down. CLIENT understands the design and function of enclosed listed equipment and assumes all Liability for training persons in its proper use. CLIENT will assure that all persons using this equipment shall do so in a manner that does not expose the user, the patrons or the equipment to any danger. In the event that the CLIENT notices any condition that is not conducive to its use, the Client will immediately stop any use of and inform REFLECTIONS Personnel immediately. Any and all equipment damaged by CLIENT's negligence will be repaired or replaced within seven days of show at the sole cost of the CLIENT. #4- THE CLIENT will be responsible for any permits and/or licenses due to the Production of this event. Furthermore, to the extent required by law, when recording video, CLIENT is responsible for getting proper releases for use of image, voice and likeness in this and future productions for CLIENT & REFLECTIONS. This includes "blanket" releases and permission of use of copy written material. #5- If in the event of rain, lightning, dampness or inclement weather, and/or any dangerous conditions, REFLECTIONS reserves the right to suspend and/or cancel performance without any reduction in compensation due REFLECTIONS. This decision will be made by REFLECTIONS PERSONNEL. #6- REFLECTIONS will be paid a non-refundable 50% deposit by CLIENT no later than 60 days prior to show date with the balance due in full (cash or cashiers check) PRIOR to any use and/or performance. Pricing assumes discount for Cash Payment (Check, US Bank Wire, ACH Payments included). The Cash Discount is reversed (ADD 3%) for Non-Cash/Credit Card Payments. #7- REFLECTIONS shall provide CLIENT, when requested, a copy of REFLECTIONS Liability Insurance listing CLIENT as a CERTIFICATE HOLDER. Should THE CLIENT and/or their representatives/ affiliates require to be listed AS ADDITIONAL INSURED, a separate charge will be made to THE CLIENT in the amount of $325.00 for each name listed as ADDITIONAL INSURED. This payment must be made in full at time of request. ALL requests must be made in writing no later than 7 days prior to event. #8- It is hereby agreed by both parties that facsimile or electronic signatures are acceptable and shall be deemed fully binding, including in any legal proceedings. In lieu of a signature, issuance of a purchase order will act as acceptance to all the terms and conditions set forth in this agreement. #9- REFLECTIONS maximum liability for failure to deliver under this Agreement shall be limited to the contract price. CLIENT agrees to pay any and all collection costs, legal fees, court costs and a service charge of 2.5% per month on any remunerations due to REFLECTIONS. Should the need for mediation or litigation arise, the venue shall be in Miami Dade County, Florida. Signature: Date: Client: Village of Key Biscayne Job Name: 3224- Key Biscayne - Winterfest 2019 Page 1 of 1 Printed 11/5/2019 3:10 PM Exhibit A Xtra Dry Snow Juice (40' outdoor) 8oz=1 Gallon *****must be mixed w water