CONTRACT TO PROVIDE SPECIAL EVENT PHOTOGRAPHYCONTRACT
THIS CONTRACT entered into this 1st day of April, 2017, by and between the CITY OF
CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City ", P.O. Box
4748, Clearwater, Florida 33758, Coffee House Studios Photography, a Florida corporation,
hereinafter referred to as "Coffee House ", 2900 Cove Cay Drive, Unite 3C, Clearwater, FL
33760.
WHEREAS, the City intends to use the selected photographer(s) for special event
photography, sponsorship fulfillment requirements, marketing efforts, social media posts and
contests, youth sports initiatives, outside media requests, website marketing, and any other
purposes that arise. The City would own all photos provided by the photographer in the
execution of this contracted work; and
WHEREAS, Coffee House agrees to provide special event photography, sponsorship
fulfillment requirements, marketing efforts, social media post and contests, youth sports
initiatives, outside media requests, website marketing and any other purposes that arise;
NOW THEREFORE, in consideration of the promises stated herein, the City and Coffee
House mutually agree as follows:
1. SCOPE OF PROJECT.
Coffee House agrees to provide Professional Photography services under the terms
and conditions set forth in Request for Proposal (RFP) #48 -16 Professional Photography
Services and Coffee House's response dated September 23, 2016.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on April 1, 2017 and end March 31, 2018.
Per the RFP, two (2), one (1) year renewal terms are available, subject to the City's discretion.
3. COMPENSATION.
The City will pay Coffee House a sum not to exceed $15,000 per year for a maximum of
$45,000 over a 3 year term, inclusive of all reasonable and necessary direct expenses as
described in Exhibit "A ". The City may, from time to time, require changes in the scope of
Photography Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of Coffee House's compensation and changes in the terms of this
Contract which are mutually agreed upon by and between City and Coffee House shall be
effective when memorialized in writing, approved/accepted by both parties.
4. OWNERSHIP OF PHOTOGRAPHS, COPYRIGHTS
The photographs and all digital files produced by Coffee House pursuant to this
Contract ( "Work ") shall become the sole property of City. Coffee House agrees that it will
retain no copyrights or ownerships of the Work whatsoever, and grants to City the sole and
exclusive right to print, publish, distribute, or otherwise utilize the Work.
5. METHOD OF PAYMENT.
Coffee House's invoices shall be submitted to the City for approval for payment on a Net
30 basis. The City agrees to pay after approval under the terms of the Florida Prompt
Payment Act F.S. 218.70.
The City's performance and obligation to pay under this Contract is contingent upon an
annual appropriation of the City's budget.
6. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto on the date it
is hand delivered to such party at the address indicated below (or at such other address as
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such party shall specify to the other party in writing), or if sent by registered or certified mail
(postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed
and properly addressed.
Coffee House Studios Photography City of Clearwater
Linda Reitz - Stansberry, Owner Kris Koch, Special Events Manager
2900 Cove Cay Drive, Unit 3C PO Box 4748
Clearwater, FL 33760 Clearwater FL 33758
727 -403 -5516 727 - 562 -4805
7. TERMINATION OF CONTRACT.
The City at its sole discretion may terminate this Contract by giving Coffee House a ten
(10) day written notice of its election to do so and by specifying the effective date of such
termination. Coffee House shall be paid for its services through the effective date of such
termination. Further, if Coffee House shall fail to fulfill any of its obligations hereunder, this
Contract shall be default, the City may terminate the Contract, and Coffee House shall be paid
only for work performed.
8. INDEMNIFICATION AND INSURANCE.
Coffee House agrees to comply with all terms, provisions, and requirements contained
in RFP #48 -16, made a part hereof as if said document were fully set forth at length herein.
9. PROPRIETARY MATERIALS.
Upon termination of this Contract, Coffee House shall transfer, assign and make
available to City or its representatives all property and materials in Coffee House's possession
belonging to or paid for by the City.
10. INTERESTS OF PARTIES.
Coffee House covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance and /or provision of services required under the terms and
conditions of this Contract.
11. CONFORMANCE WITH LAWS.
Coffee House agrees to comply with all applicable federal, state and local laws during
the life of this Contract.
12. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own attorney fees and
costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Ma, hew S Th
Assistant City Attorney
Attest:
CITY OF CLEARWATER, FLORIDA
By:
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William B. Horne II
City Manager
Attest:
lot : Rosemarie CaII
City Clerk
Coffee House tudios Photography
By:
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Print Name:
Secretary
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Title: atMel&K A/-
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