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HomeMy Public PortalAboutKingdom Over Castles Media ContractTHIS CONTRACTUAL SERVICE AGREEMENT (the "Agreement") dated this 2019 BETWEEN: CLIENT City of Crestview, Florida 198 N. Wilson St. Crestview, FL. 32536 (the "Client") SERVICE AGREEMENT For Marketing and Digital Videography Services to - day of CONTRACTOR Kingdom Over Castles, LLC. 417 Bridgewater Ct. Mary Esther, FL. 32569 (the "Contractor") BACKGROUND A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide marketing and digital videography services to the Client. B. The Contractor is agreeable to providing the marketing and digital videography services to the Client on the terms and conditions set out in the Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" in this Agreement) agree as follows: SERVICES PROVIDED 1. The Client hereby agrees to engage the Contractor to provide the following services (the "Services") • Contractor will use captivating digital marketing to engage the Client's audience by creating stunning video to showcase the progression and expansion of the City of Crestview. • Marketing efforts will align with the Client's purpose/vision to brand the City of Crestview positively and consistently to its residents and employees. • Contractor will utilize digital marketing to stream "Live" events to Client's website and other social media platforms. • Contractor will produce weekly "New View Chat" with the Mayor of Crestview. • Marketing efforts will include writing content and producing departmental informational videos for the City of Crestview (i.e. law enforcement, fire department, etc.) • Contractor will produce informational digital video to Human Resources for new hires. • Contractor will also video "Live" human interest stories, interview residents, film community and holiday events to further develop unity and goodwill within the City of Crestview to its residents. • Contractor will provide music and voice overs to ensure that all digital video released are polished and professional in their delivery. • Most of the video editing, voice overs and narrations will be done offsite at the Contractor's studio. • Contractor will be responsible for purchasing the camera and video equipment needed to ensure video projects are of superior quality. • Contractor will continually offer guidance and fresh ideas to create momentum that will enhance the online presence of the City of Crestview. • Contractor will produce content as it pertains to the theme selected of the month. • Contractor will upload and schedule video releases to proper social media platforms. K.O.C. Contractual Agreement 1 2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the client. TERMS OF AGREEMENT 3. The term of Agreement (the "Term") will begin on the date of the Agreement and will remain in full force and effect until December 15, 2019, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties. 4. In the event that either Party wishes to terminate this Agreement prior to December 15, 2019, that Party will be required to provide 30 days written notice to the other Party. 5. In the event that both parties agree, contract agreement can be extended by a minimum of three-month increments. PERFORMANCE 6. The Parties agree to do everything necessary to ensure that the terms of the Agreement take effect. CURRENCY 7. Except as otherwise provided in this Agreement, all monetary amounts referred in this Agreement are in USD (US Dollars). COMPENSATION 8. The Contractor will charge the Client a flat fee of $750.00 per week for the Services (the "Compensation"). 9. Invoices will be submitted monthly by the Contractor on the 15th and paid by the 30th of each month. REIMBURSEMENT OF EXPENSES 10. The Contractor will be reimbursed from time to time for reasonable and necessary expenses previously approved by the City Clerk or City Manager, incurred by the Contractor in connection with providing services. 11. All expenses must be pre -approved by the City Clerk or City Manager. CONFIDENTIALITY 12. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records not generally known to the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 13. The Contractor agrees that they will not disclose, divulge, reveal, report or use for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligation of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. 14. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after this date of this Agreement or how it was provided to the Contractor. 15. None of the above shall contradict public record laws according to the City of Crestview and State of Florida (See Addendum A). K.O.C. Contractual Agreement 2 RETURN OF PROPERTY 16. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client. 17. All projects whether complete or in completion process are and shall remain property of the City of Crestview. CAPACITY/INDEPENDENT CONTRACTOR 18. In providing Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service. The Client is not required to pay, or make any contributions to any social security, local, state or federal tax, unemployment compensation, worker's compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for all local, state, and federal taxes related to payments made to the Contractor under this Agreement. NOTICE 19. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses: a. Office of City Clerk 198 N. Wilson St. Crestview, Florida 32536 b. Kingdom Over Castles, LLC. 417 Bridgewater Ct. Mary Esther, Florida 32569 or to such other address as either Party may from time to time notify the other and will be deemed to be properly delivered (a) immediately upon being served personally, or (b) two days after being deposited with the postal service if served by registered mail. MODIFICATION OF AGREEMENT 20. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. TIME OF THE ESSENCE 21. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. ASSIGNMENT 22. The Contractor will not voluntarily, or by operation of law, assignor otherwise transfer its obligations under this Agreement without the prior written consent of the Client. ENTIRE AGREEMENT 23. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. SEVERABILITY K.O.C. Contractual Agreement 3 24. In the event that any of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. IN WITNESS WHEREOF the Parties have duly affixed their signatures below on this day of August 2019. City of Crestview Representative: (9 c-ay (2- Printed Name/Title Signature c1�IF 1c Date Kingdom Over Castles, LLC Representative: 1r Z P G,1; :1?.1 \ Chi , \ - )eert,vo - 0 ; , rin(I ted e�fle _ .,_._� e - 1 7 CA.n.T, x i /\,1 -M --' Signature Date K.O.C. Contractual Agreement 4 Form (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. N. 4rcire P H A,I r1=3\L 2 usiness name/disregarded entity name, if different from above ) Clp i1p� 0 v r" Lies -1- ' s \.1-- L 3 Check appro to following seven boxes. Individual/sole single -member box for federal tax classification of the person whose nam4 is entered on line 1. Check only one of the 4 Exemptions certain entities, instructions Exempt payee Exemption code (f any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (f any) proprietor or • C Corporation • S Corporation 111 Partnership III Trust/estate LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) appropriate box in the line above for the tax classification of the single -member owner. is classified as a single -member LLC that is disregarded from the owner unless the is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner. ► ► 1111 Limited liability Note: Check the LLC if the LLC another LLC that is disregarded from FATCA reporting Do not check owner of the LLC is -member LLC that maintained outside the U.S) III Other (see instructions) 5 Address (number, street, and apt. or suite no.) See instructions. L' 1`7 r1 1 .e,,ti)A, L Li. Requester's name and address (optional) 6 City, state, and ZIP code -M G')rA. e s ;-- F1. - ` 'v c/1 4- 7 List account n ber(s) here (option Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Certification Social security number or Employer identificabon number `is -7 S Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of s ured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and divide s, y are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information return. Examples of information retums include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date O. • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018)