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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 -2 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 -3 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, -4 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 -5 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 -6 VILLAGE OF KEY BISCAYNE 88 West Mcintyre Street Key Biscayne, FL 33149