HomeMy Public PortalAbout2015 Videography Services.tifVILLAGE OF KEY BISCAYNE
AGREEMENT
FOR PROFESSIONAL
SERVICES
THIS AGREEMENT, made and entered into as of the 1st day of October,
2015, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and
Gabriel Kulpa, (the "CONSULTANT").
RECITALS:
The VILLAGE wants to continue to engage the CONSULTANT to perform
certain professional services for the VILLAGE, consisting of all videography
services required by the VILLAGE as specifically described below (the "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
A. The CONSULTANT agrees to provide the Specified Services upon
written request from the Village Manager. CONSULTANT shall provide the
Specified Services as an independent contractor for the VILLAGE.
B. The Specified Services to be provided by CONSULTANT shall
include, but not be limited to, the following:
1. Filming of all meetings of the Village Council;
2. Filming of all special events or public service messages,
as requested by the Village Manager;
3. Provision of videography services at Village government
functions, as requested by the Village Manager;
4. Provision of videography services for training of Village
employees, as requested by the Village Manager;
5. Provision of any necessary services to provide for the
broadcast of Village Council meetings and Village
functions and special events, as requested by the Village
Manager;
6. Preparation and handling of copies of video cassettes
and/or video discs in accordance with the requirements of
the Village Manager;
7. Provide assistance to the Village Clerk in complying with
any public records requests concerning copies of
video services materials which constitute public records;
8. Any and all videography related services which are
necessary to effectuate the purposes of this Agreement, as
determined and requested by the Village Manager.
C. CONSULTANT may utilize VILLAGE's video equipment for the
purposes of providing the Specified Services.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for the performance of
the Specified Services which are provided by CONSULTANT, in accordance with
the fee schedule of Thirty Five ($35.00) Dollars per hour, plus reasonable and
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necessary costs as approved by the Village Manager. Fees and costs shall be
invoiced each month by CONSULTANT. Billing statements shall also reflect a
detailed record of time expended by CONSULTANT in providing the Specified
Services. The total fees payable during the Agreement term shall not exceed an
aggregate amount of Fifty Five Thousand ($55,000.00) Dollars.
3. TERM
The duration of the term of this Agreement shall commence on October 1,
2015 and shall terminate on September 30, 2016, unless further extended by the
mutual written consent of the CONSULTANT and Village Manager or earlier
terminated pursuant to Section 4.
4. TERMINATION
This Agreement may be terminated by the VILLAGE upon thirty (30) days
written notice with or without cause and by the CONSULTANT upon thirty (30)
days written notice with or without cause. If this Agreement is terminated, the
CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above,
for all acceptable work performed up to the date of termination.
5. 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
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the VILLAGE within the VILLAGE'S sole and absolute discretion.
As well the CONSULTANT reserves the right to engage a third party not to be
affiliated with the VILLAGE to perform the same or similar services for the benefit of
the VILLAGE responsible solely to the primary CONSULTANT.
6. RECORDS
All original videotapes, discs, photographs, films or other documents and
materials (the "Materials") 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 Materials shall be• delivered to the VILLAGE by the CONSULTANT.
The VILLAGE shall have the exclusive right to utilize any of the Materials which
are created or produced by CONSULTANT during the course of the provision of the
Specified Services, for the VILLAGE's purposes as determined by the Village
Manager.
7. 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. The Village Manager shall act for Village hereunder.
8. 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,
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certifications and permits required under Federal, State and local laws necessary to
perform the Specified Services.
9. NOTICES
All notices and communications to the VILLAGE or CONSULTANT 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:
Consultant:
John Gilbert
Village Manager
Village of Key Biscayne
88 West Mcintyre Street
Key Biscayne, FL 33149
Gabriel Kulpa
161 Crandon Blvd #430
Key Biscayne, FL 33149
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10. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of
Florida.
N 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: VILLAGE:
GABRIEL KULPA
Gabriel Kulpa
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VILLAGE OF KEY BISCAYNE
88 West Mcintyre Street
Key Biscayne, FL 33149