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Home My Public Portal About1999-30 Videographic services agreement with Frank GaristoRESOLUTION NO. 99-30 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, Resolution 97-20 adopted April 8, 1997 authorized a three year contract with Mr. Garisto to provide video graphic services to the Village. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. That the original contract is canceled in accordance with Section 8 (Termination) of the contract provisions executed May 17, 1997. Section 2. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with Mr. Frank Garisto. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of April, 1999. I�'�, JOE CONCHITA ALVAREZ, CMC, VILLAGE CLE RIC RD J. WEISS, VILLAGE ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RASCO, MAYOR VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 151.- day of .Uwe , 1999 , by and between the Village of Key Biscayne (the "VILLAGE") and Mr. Frank (iaristo, (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 accordances provided in accordance in Exhibit A in an amount not to exceed $4,000 a month. 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 & Helfinan, 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 Biscayne, Florida 33149 By: PLOW. Authorized by Village Council by Resolution 99-30 on April 20, 1999. VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 l ' 'AP( ,-13-99 TUE 03:45 PM fRANK GARISTO March 15, 1999 EXHIBIT A Station Manager/Program 305 361 5040 Because of the ever changing taste in television programming and also the constantly evolving creative process, it is difficult at best to exactly determine future programming on channel 99 for the Village of Key Biscayne. I will however, attempt to set forth my ideas as well as my duties as program director/program manager as of this date. 1. I will physically handle all equipment necessary for broadcasting. 2. I will provide all necessary hardware, special VCR's, etc. to accomplish the timely showing of the programs. 1 would physically•set timers, insert and change video cassettes, thus eliminating the time consuming chores of doing these tasks presently being done by staff and particularly the Village Clerk. Partial List of Proposed Programs 1. "VILLAGE VOICES" - 1 per month 2. "YOUR COUNCIL" A program not unlike "Meet the Press" where various council members have a discussion with residents on current topics and governmental projects, decisions, etc. 3? MEET YOUR MERCHANTS" Each week a different merchant would take the viewer through his or her establishment. (In conjunction with the chamber of Commerce) 4. DEPARTMENTAL REPORTS -1 per month 5. "A HEALTHY VILLAGE." A panel of local doctors and dentists answer questions about health. - Quarterly 6. "HELLO, I AM " A 1 minute bio on each and every Fire Fighter and Police Officer as well as any Village employee deemed necessary and interesting. 7. Public Works Informational ie: Bulk waster pickups, etc. 8. ONGOING TOPICAL PUBLIC SERVICE ANNOUNCEMENTS 9. IN THE FORM OF A VIDEO NEWSLETTER...UP COMING EVENTS, MEETINGS, ETC. 10. Broadcast each and every Village Council Meeting, Workshops and any time the Council sets a duly called session. 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