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 Jeremiah Khokhar Photography, LLC, a Florida corporation,
hereinafter referred to as "Jeremiah Khokhar", 1113 Woodcrest Ave., Safety Harbor, FL 34695.
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, Jeremiah Khokhar 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
Jeremiah Khokhar mutually agree as follows:
1. SCOPE OF PROJECT.
Jeremiah Khokhar agrees to provide Professional Photography services under the
terms and conditions set forth in Request for Proposal (RFP) #48 -16 Professional Photography
Services and Jeremiah Khokhar'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 Jeremiah Khokhar 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 Jeremiah Khokhar's compensation and changes in the
terms of this Contract which are mutually agreed upon by and between City and Jeremiah
Khokhar 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 Jeremiah Khokhar pursuant to this
Contract ( "Work ") shall become the sole property of City. Jeremiah Khokhar 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.
Jeremiah Khokhar'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.
Jeremiah Khokhar Photography, LLC City of Clearwater
Jeremiah Khokhar, Owner Kris Koch, Special Events Manager
1113 Woodcrest Ave PO Box 4748
Safety Harbor, FL 34695 Clearwater FL 33758
727 - 644 -6756 727 - 562 -4805
7. TERMINATION OF CONTRACT.
The City at its sole discretion may terminate this Contract by giving Jeremiah Khokhar a
ten (10) day written notice of its election to do so and by specifying the effective date of such
termination. Jeremiah Khokhar shall be paid for its services through the effective date of such
termination. Further, if Jeremiah Khokhar shall fail to fulfill any of its obligations hereunder, this
Contract shall be default, the City may terminate the Contract, and Jeremiah Khokhar shall be
paid only for work performed.
8. INDEMNIFICATION AND INSURANCE.
Jeremiah Khokhar 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, Jeremiah Khokhar shall transfer, assign and make
available to City or its representatives all property and materials in Jeremiah Khokhar's
possession belonging to or paid for by the City.
10. INTERESTS OF PARTIES.
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Jeremiah Khokhar 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.
Jeremiah Khokhar 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.
Matthew S P h
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
W;g14.4., 644.144p._a_
William B. Home II
City Manager
Attest:
EJ.,thtal1c.
Rosemarie Call
City Clerk
Jeremiah Khokhar Photography, L
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Attest:
Jeremiah Khokhar Photo • raphy, LLC
By:
Print Name: Prin Name: 4QPe vll4 Y 6040-r
Secretary Title: (,vtr `A010 �n