R07-076
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2 RESOLUTION NO. R07- {)1b
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE AN AGREEMENT WITH
8 SOUND INVESTMENTS BY J.W. INC., D/B/A PRO DVD
9 MAKERS TO PROVIDE VIRTUAL TOURS OF CITY
10 FACILITIES; AND PROVIDING AN EFFECTIVE
11 DATE.
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13 WHEREAS, this marketing and revenue generating program utilizes the Internet to
14 provide online interactive panoramic virtual tours of city locations while promoting city
15 services and programs; and
16 WHEREAS, the program will provide revenue potential to the city through the sale
17 of banner advertisements. It will also increase enrollment, attendance and participation in
18 city program and events; and
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the City Manager and City Clerk to execute an Agreement with
26 Sound Investments by l.W. Inc., d/b/a PRO DVD Makers to provide virtual tours of city
27 facilities which totals $6,120.00 plus $1,313 .25 annual maintenance fee due at the beginning
28 of year two, a copy of which is attached hereto as Exhibit "A", and incorporated herein by
29 reference.
S:\CA\RESO\Agreements\Pro DVD Makers.doc
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Section 3.
That this Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of July, 2007.
ATTEST:
S:\CA\RESO\Agreements\Pro DVD Makers.doc
CITY OF BOYNTON BEACH, FLORIDA
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AGREEMENT
THIS AGREEMENT is made this 17 day of 0u/'f ,2007, by
and between the CITY OF BOYNTON BEACH, FLORIDA (the "City") and SOUND
INVESTMENTS BY J.W. INC. d/b/a PRO DVD MAKERS ("Contractor").
WIT N E SSE T H:
WHEREAS, the City desires to engage Contractor's services to provide a
virtual tour of the City's departments online and on DVD; and
WHEREAS, the City has determined that it is in the public's interest to enter into
an agreement with Contractor to provide a virtual tour and DVD of the City's
Departments online and on DVD.
NOW, THEREFORE, based on the promises and covenants herein contained,
the parties agree as follows:
1. Term. This Agreement shall be effective for a period of two (2) years from
Jut., 23, 2001 until ~11 2a) 2t:Jdl .
2. Services to be Performed. Contractor's duties shall include, but not be
limited to the following:
a. One (1) photographer (all raw digital photos on disk)
b. Virtual Tours of all facilities mentioned (ultimate exposure package)
c. Custom video/personalized DVD package
d. Custom branding (logos, pictures, banners, flyers)
e. Marketing partner banner ad spot 15
f. Information buttons (map button, city button, satellite view button,
email button, download button,schoolsbutton,slideshow button,
video button)
g. Important text info section (located under each spin for important
information or descriptions)
h. Facility section (this will contain the address, phone number, email,
website, contact person, and hours)
i. Custom flyer button (this pulls up a printable information flyer)
J. Link tour to City's website
k. One (1) copy of each tour on CD
I. Five (5) copies of each facility on custom designed DVD
m. One (1) month of unlimited updates.
n. Tour is good for one (1) year
o. Provide all necessary materials and supplies.
p. Provide all necessary labor.
q. Provide all ancillary services necessary to accomplish the services
outlined herein.
3. Parks and Facilities to be Filmed:
1. Barton Memorial Park
2. Boat Club Park
3. Civic Center Park
4. Boynton Beach Memorial Park
5. Boynton Lakes Park
6. Hester Park & Hester Center
7. Kids Kingdom Playground
8. Forest Hills Park
9. Galaxy Park
10. Hibiscus Park
11. Intracoastal Park and Intracoastal Clubhouse
12. Jaycee Park
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13. Knollwood Park
14. Laurel Hills Park
15. Little League Park
16. Mangrove Nature Park
17. Meadows Park
18. Oceanfront Park
19. Palmetto Greens Linear Park
20. Pence Park
21. Pioneer Canal Park
22. Sara Sims Park and Cemetery
23. Southeast Neighborhood Park
24. Wilson Center Park & Wilson Center Pool
25. Fire Station 1
26. Fire Station 2
27. Fire Station 3
28. Fire Station 4
29. Golf Course
30. Library
31 . Library Museum
32. Professional Dev. Madsen Center
33.Art Center
34. City Hall in the Mall
35. Senior Center
36. Sims Center
37. Tennis Center
38.Administration Building-City Hall
39. West Wing-City Hall
40. Police Department-City Hall
41 . Utilities Administration-Woolbright
42. Utilities City Hall-Customer Service
43. EWTP
44. VWJTP
45. Downtown Storm water Pond
46. Lift Station #317
47.911 Dispatch
48. Public Works & Solid Waste
49. Engineering
50. Forestry and Grounds
51. CIP Project
*Addition of Facilities to this contract will cost the City $120 per Facility.
*Subtraction of Facilities from the above list will save the City $120.00 per Facility.
Subtractions must be done before the contract is signed off on.
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4. Fees. The City shall pay the Contractor a total of Six Thousand One Hundred
and Twenty Dollars ($6,120.00) for the services outlined in Section 2 above. Three
Thousand 0 Hundred and 60 Dollars($3060.00) will be paid to Contractor within fifteen
(15) days of execution of this Agreement and the remaining Three Thousand 0 Hundred
and Sixty Dollars ($3060.00) will be paid within fifteen (15) days of completion of the
Fourth Step of the Virtual Tour Process and services. Maintenance cost of One
Thousand Three Hundred-Thirteen and 25 cents ($1,313.25) will be applied at the
beginning of the second year for Service and Maintenance as well as re-uploading and
hosting of the Virtual tours and DVD's.
5. Indemnity: Sovereign Immunity. Contractor shall indemnify and hold
harmless and defend the City, its officers, employees and agents from any and all
claims or causes of action that may arise out of the services to be performed by
Contractor, including but not limited to attorney's fees and costs the City incurs at the
trial or appellate levels. The parties understand that the City does not waive its
sovereign immunity under Fla. Stat. ~ 768.28.
6. Independent Contractor. Contractor is an independent contractor.
Contractor or its employees are not employees of the City and shall be responsible for
all terms and conditions of employment including the payment of taxes as required by
law.
7. TransportationlTravellAccommodations. Contractor shall provide all
transportation, travel, and accommodations.
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8.
Notices.
Any notice or communication under this agreement shall be
in writing and may be given by registered or certified mail. If given by registered or
certified mail, the notice or communication shall be deemed to have been given and
received when deposited in the United States Mail, properly addressed, with postage
prepaid. If given otherwise, than by registered or certified mail, it should be deemed to
have been given when delivered to and received by the party to whom it is addressed.
The notices and communication shall be given to the particular parties at the following
addresses:
City:
Peter R. Wallace, Director of Information Technology
Services
City of Boynton Beach
100 E Boynton Beach BLVD
PO Box 310
Boynton Beach, Florida 33425-0310
Contractor:
James Arena, President
Pro DVD Makers
552 S.E. 27th Way
Boynton Beach, FL 33435
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Venue: Laws.
This Agreement shall be construed under the laws of
the State of Florida with venue in Palm Beach County, Florida.
10. Modification.
Except as expressly permitted herein to the contrary,
no modification, amendment or alteration in the terms or conditions contained herein
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shall be effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
11. Entire Agreement. The forgoing instrument and the "Virtual Tour Project Price
Proposal" is the entire Agreement of parties and modifications must be in writing and
executed by the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
WITNESSES:
ap~~~
-V~M~
Print Name: Va.G4,.i-c.. M tJb,t~
STATE OF FLORIDA
COUNTY OF PALM BEACH
NTONBEACH, FLORIDA
By:
City Manager
PR~KERS
By: j
J Arena, President
~. The foregoing instrument was aCknowledged before me this ;j.l//1, day of
L/.-y-- , 2007, by 1'(fJ-I-f I:h:itJi?r tl.M -'t -/jt-IIUS au;t~
e/She~ personally known to me or has produced (type
of identification) as identification. .... r~ {. /J
,~~~,t 7::4<. ~
NOTARY PUBliC-STATE OF FLORIDA
~ Judith A. Pyle
Commission # D0421091
Expires: APR. 21, 2009
Bonded Thru Atlantic Bonding Co., Inc.
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