R08-004
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RESOLUTION NO. R08 - Oa-/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND
DIAMONDVISION, LLC., FOR THE FILMING AND
WEBCASTING OF LITTLE LEAGUE BASEBALL
GAMES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the East Boynton Beach Little League has granted DiamondVision,
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LLC., permission to film and webcast their games which allows parents to be able to view
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their children with either a CD or on-line; and
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WHEREAS, upon recommendation of staff, it is the City's desire to enter into an
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Agreement with DiamondVision, LLC., for the filming and webcasting of Little League
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baseball games.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
22 as being true and correct and are hereby made a specific part of this Resolution upon
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24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
25 approves and authorizes the execution of an Agreement with DiamondVision, LLC., for
26 the filming and webcasting of Little League baseball games, a copy of the Agreement is
27 attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately.
S :\CA \RESO\Agreements\DiamondVision .doc
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PASSED AND ADOPTED this If) day of January, 2008.
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:\CA \RESO\Agreements\DiamondVision.doc
CITY OF BOYNTON BEACH, FLORIDA
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AGREEMENT BETWEEN DIAMONDVISION GROUP, LLC AND CITY OF
BOYNTON BEACH FOR THE FILMING AND WEBCASTING OF LITTLE
LEAGUE BASEBALL GAMES
The parties, City of Boynton Beach ("CITY") whose address is
and DiamondVision Group, LLC ("DIAMOND VISION") whose address is
, for good and valuable consideration, hereby agree as follows:
WHEREAS, CITY owns real property located at
("Property");
WHEREAS, CITY has granted Little League Baseball, Inc. and East Boynton Beach
Little League the right to use the above described Property for the purpose of a youth
baseball league;
WHEREAS, Little League Baseball, Inc. has granted DIAMOND VISION the right to
film and webcast East Boynton Beach Little League games ("Production") to be held at
the above described Property; and
WHEREAS, CITY has an interest in the promotion, maintenance and well being of the
East Boynton Beach Little League and that CITY will derive a benefit from the
Production;
1) CITY hereby consents to permit DIAMOND VISION, its employees, and agents,
to cause to be installed at the Property all necessary production equipment and
materials necessary to video, record, store, and broadcast video footage via the
internet. A more particular description of the equipment and manner of
installation is as follows:
Instillation will include adequate internet service, high resolution cameras, CPU's,
router's, graphic cards, and cabling. Camera's will be installed behind home plate
backstop, in protective housing. Computer equipment will be housed in the press box.
2) CITY additionally hereby consents to permit DIAMOND VISION to video,
record, and broadcast video footage, still photos and sound recordings of Property
and all persons located on Property consistent with local, state, and federal laws.
The Production equipment shall remain the property of DIAMOND VISION.
3) In connection with said Production, DIAMOND VISION will hold CITY
harmless from any damage to the Property caused by its agents, employees or
Production equipment.
4) CITY warrants that it has the sole legal right and power to grant the rights granted
herein. CITY acknowledges and aggress that all right, title and interest in all
footage of the Property filmed by Company during the aforementioned little
league games will forever belong solely and completely to DIAMOND VISION
for its use in any manner and media it sees fit. CITY agrees that DIAMOND
VISION many forever use and authorize others to use the likeness and
information concerning the Property for program publicity and institutional
promotional purposes in connection with Production.
5) The term of this Agreement, and the rights granted herein, shall be indefinite.
Either party may cancel this Agreement upon Sixty (60) days written notice of
their intent to cancel this Agreement. However, the rights granted in Paragraph 4
of this Agreement shall continue indefinitely despite cancellation. Furthermore,
CITY agrees to all
6) Parental authorization. DIAMOND VISION agrees to obtain either directly or in
Conjunction with Little League Baseball Inc., or East Boynton Beach Little
League written authorization from every parent of the participants in the East
Boynton Beach Little League acknowledging that they are aware and/or
consent to their child being videotaped or their image electronically
transmitted or broadcast on the internet.
7) Background Check. All DIAMOND VISION principals, employees, personnel,
members or staff performing any work under this Agreement must undergo a
criminal background check prior to entering onto the property. The CITY shall
perform the necessary background checks and DIAMOND VISION agrees to pay
all costs associated therewith. It is the sole discretion of the CITY to determine
whether the information revealed in such background checks would result in a
security breach and the CITY may immediately terminate this Agreement.
Diamond Vision must submit the name and social security number of
any principal employee, personnel, member and/or staff it wishes to utilize in the
performance of all work under this Agreement to the CITY for approval by the
CITY before the employee, personnel, member and/or staff is allowed to perform
any work hereunder.
8) Time of work. DIAMOND VISION hereby agrees that all work performed by
any subcontractors and/or those persons of which no background check has been
performed as described herein, including the installation and/or maintenance of
the equipment relating to this Agreement, will be performed at a date and time
when no children are present at the park.
9) A minimum of$1.00 per paid subscriber, per season to the DIAMOND VISION
webcasting service will be contributed for the benefit of East Boynton Beach
Little League.
City of Boynton Beach
DiamondVision Group, LLC '
ByaA ~
Printed Name: t C...{ tlt-5./,
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Printed Name:
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
WITNESSES:
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(CORPORATE SEAL)
WITNESSES:
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STATE OF FLORIDA
CITY OF BOYNTON BEACH
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Approyed as to form:
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COUNTY OF PALM BEACH: )
The foregoing instrument was acknowledged before me this ,;21 lit {f/UVl R ;200gby
C? hA P UP50N and .PiAN uP ;;o/v , as President and Secretary,
respectively, of DiamondVision, LLC., a Florida corporation, on behalf of the corporation. They
are personally known to me or have produced 1--1'/ L as identification and
did not (did) take an oath.
WANDEl NGUYEN I
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Notary Public, State 0 lorida Signature of Notary
taking Acknowledgment
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Name of Notary Typed,
Printed or Stamped
My Commission Expires:
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Commission Number DD 7'?4-1 "C ~
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