Loading...
HomeMy WebLinkAboutACSENTIAL INC STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) AGREEMENT This Agreement, effective the 10 day of March, 2006 is entered into between AUGUSTA, GEORGIA ("Augusta") a political subdivision of the State of Georgia, and ACSENTIAL,INC. ("Acsential") collectively referred to as (parties). WITNESSETH: WHEREAS, Augusta desires to enter into a contract for advertising/marketing services for Augusta; and, WHEREAS, Acsential desires to perform said services for Augusta; and, NOW THEREFORE, for and in consideration of their mutual benefit, the sufficiency of which is hereby acknowledged, the parties hereto agree as follow: 1. Acsential will be the authorized marketing firm / advertising agency for the Augusta Utilities Department, effective March 9, 2006. Acsential is authorized to purchase advertising space, time, services, and materials subject to budgets, plans, policies and terms as approved by Augusta. With Augusta's approval, Acsential may execute standard contracts and order forms that are used in the advertising industry. Augusta appoints the Administrator as its authorized representative for approval. 2. Augusta shall pay Acsential for its services in accordance with the rates as set forth in Exhibit A. The rates as set forth in Exhibit A shall be effective for the term of this Agreement. 3. The initial term of this Agreement shall commence on March 9, 2006 and it shall continue in effect for a period of one (1) year. This Agreement may be renewed or extended for an additional one-year period upon mutual consent of both parties. 4. Both parties have the right to cancel this contract prior to its annual end with written notice of sixty (60) days. Furthermore, either party may terminate this Agreement at any time upon the giving of written notice: 10 day of March, 2006 agreement between AUGUSTA, GEORGIA and ACSENTIAL, INC. Page 1 of3 a. In the event that the other party fails to discharge any obligations or remedy any default or breach under this Agreement for a period continuing more than sixty (60) days after the aggrieved party shall have given the other party written notice specifying such failure or default and that such failure or default continues to exists as of the date upon which the agreed party gives such notice so terminating this agreement or; b. In the event that the other party makes an assignment for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor's moratorium; or c. In the event that appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of Augusta. 5. This Agreement shall be binding upon and inure to the benefit of the parties; their legal representatives, permitted transferees, successors, and assigns as permitted by this Agreement. 6. Except as otherwise set forth in this Agreement, this Agreement and all rights and obligations may not be assigned in whole or in part by either party without prior written consent of the other. 7. Acsential acknowledges that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A S 50-18-70, et seq.). Alison shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its rules regarding conflict of laws. 10 day of March, 2006 agreement between AUGUSTA, GEORGIA and ACSENTIAL, INC. Page 2 of3 9. This Agreement shall not be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party. 10. All notices hereunder shall be in writing and shall be duly given if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the respective addresses of the parties, as set forth on the signature page below. Any notice given shall be deemed to have been received on the date, which it is delivered if delivered personally, or if mailed, on the fifth business day next following the mailing thereof. Either party may change its address for notices by giving notice of such change. 11. The Contract together with all Attachments and Appendices attached hereto or incorporated herein by reference comprise the entire Agreement between the parties and supersedes all other previous statements, representations, or agreements, whether oral or written. IN WITNESS WHEREOF, AUGUSTA and ACSENTIAL have executed, signed, sealed, and delivered this Agreement effective the day and year first written above. ACSENTIAL, INC. 2859 Fairburn Road, SW Atlanta,G~ BY:Ad _ Deidre F. Brown (CEO) ATTEST:~#~ AUGUST A, GEORGIA 530 Greene Street Augusta, Georgia 30911 J<<y: rY~ fI - 11' Deke Copenh er (Mayor) ATTES~~A 10 day of March, 2006 agreement between AUGUSTA, GEORGIA and ACSENTIAL, INC. Page 3 of 3 ~, @ e",~~&-r ".. .providing the essential" Estimate Date Estimate # 3/6/2006 19 P. O. Box 312245 Atlanta, GA 31131 Name I Address Augusta Utilities Department Max Hicks Project Newsletter Description Qty Rate Total Develop newsletter layout and design. 4 3,275.00 13,100.00 Copywriting fee for the development of newsletter 140 51.00 7,140.00 content. Content Development is estimated at 10 to 20 hours per issue, plus 20 hours of field work per issue Editorial Schedule Development. Estimated at 10 40 119.00 4,760.00 hours per issues. Printing of Newsletter by Phoenix Commercial 244,000 0.10875 26,536.00 Printing Sales Tax 7.00% 0.00 Deidre F. Bro~, CEO Signature Total $51,536.00 ~, @ e",~~&-r ".. .providing the essential" P. O. Box 312245 Atlanta, GA 31131 Name I Address Augusta Utilities Department Max Hicks Description Copywriting of Script for Video and Monitoring of Development 250 hours Video Production price by the minute Sales Tax v Deidre F. Brown, C Signature Estimate Date Estimate # 3/6/2006 20 Project Video Qty Rate Total 250 25.104 6,276.00 10 1,020.00 10,200.00 7.00% 0.00 Total $16,476.00