HomeMy Public PortalAbout1997-20 Videographic services agreement with Frank GaristoRESOLUTION NO. 97-20
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF
THE VILLAGE WITH MR. FRANK GARISTO, TO PROVIDE
VIDEOGRAPHIC SERVICES FOR THE VILLAGE OF KEY
BISCAYNE, FLORIDA, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mr. Frank Garisto has provided videography service for the Village since 1991;
WHEREAS, the Village is desirous of continuing his services;
BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS:
Section 1.
That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Mr. Frank Garisto.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of April , 1997.
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CONCHITA ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. WEISS, VILLAGE ATTORNEY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of 11 W , 1997 ,
by and between the Village of Key Biscayne (the "VILLAGE") and Mr. Frank Garisto, (the
"CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONSULTANT
wants to provide such Specified Services.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONSULTANT agrees to provide Specified Services upon written request from the
Village Manager as provided for in this Agreement.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in
accordance with Exhibit A. The CONSULTANT will issue an invoice once a month for the
work which has been completed. Said invoice is payable by the VILLAGE within 30 days.
The VILLAGE shall pay to the CONSULTANT for the faithful performance of this
agreement, in lawful money of the United States of America.
3. TERM
The term of this Agreement is 3 year(s) unless earlier terminated pursuant to paragraph
eight of this agreement.
4. GENERAL TERMS AND CONDITIONS
All work papers and documents that result from the CONSULTANT providing Specified
Services shall be the property of the VILLAGE. Upon termination of this Agreement or upon
request of the VILLAGE during the term of this Agreement, any and all such documents shall
be delivered to the VILLAGE by the CONSULTANT.
5. INSURANCE
The CONSULTANT shall at all times carry worker's compensation insurance (as required
by law), public liability and property damage insurance, and automotive public liability and
property damage insurance with minimum policy limit in the amount of Three Hundred
Thousand Dollars ($300,000.00) per occurrence. The VILLAGE shall be named as an
additional insured on all of the above insurance policies. Each insurance policy shall state that
it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date
of said cancellation.
6. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
7. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person (s), company,
corporation, individual or firm, other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent
upon or resulting from the award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or
without cause and by the CONSULTANT upon 45 days' written notice with or without
cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with
the provisions of Exhibit A for all acceptable work performed up to the date of termination.
9. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to
perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S
sole and absolute discretion.
10. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This Agreement
cannot be amended or modified without the express written consent of the parties.
11. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws necessary to perform the Specified Services.
12. NOTICES
All notices and communications to the VILLAGE shall be in writing and shall be deemed to
have been properly given if transmitted by registered or certified mail or hand delivery. All
notices and communications shall be effective upon receipt. Notices shall be addressed as
follows:
Village:
With a copy to:
Consultant:
13. GOVERNING LAW
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard J. Weiss, Esq.
Village Attorney
Weiss, Serota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Mr. Frank Garisto
P.O. Box 4900338
Key Biscayne, Florida 33149
This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
CONSULTANT:
Mr. Frank Garisto
P.O. Box 490338
Key Biscay r, Florida 1 9
By:
Attes
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
By:
Attest:
C. Samuel Kissinge
illage Manager
E -Mail guido1@mindspring.com
March 11, 1997
CAPT. FRANK GARISTO
P.O. BOX 490338
KEY BISCAYNE, FL. 33149 http://www.flyfishing.com/guido
(305) 361-5040
E r ■
C. Samuel Kissinger, Village Manager
The Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Re: Contract
Dear Sam:
Enclosed, you will find the contract form filled out by me on this day of March 11,
1997.
Let me tell you a brief history of my original employment when Key Biscayne
became incorporated. At that time, I had been taping the preincorporadon
meetings at no charge to the Committee for Incorporation. After incorporation,
then Council member Cliff Brody and I established a schedule of payment for the
taping of Council meetings and any other video related work deemed necessary by
the Village Council. The price structure at that time was and still is, $265.00 per
three (3) hour meeting, plus $65.00 per hour for any overtime incurred. I am
proposing that for the first year of the three (3) year contract that this remain
status quo. The second year the fee for the three hour meeting would become
$270.00 with the third year at $275.00.
Over the past five years, I have made a sizable investment to update my video
equipment to provide the Village with the best possible product available. I
therefore would ask you to consider the enclosed contract. I have asked for a
three(3) year contract at the price structure as stated above.
GARISTO enc:
FAX (305)361 1554
'Welcome aboard the GUIDO"