Loading...
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. //Web/ 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"