HomeMy WebLinkAboutJames E. Goodman Studio
Augusta Richmond GA
DOCUMENT NAME: c:5Ay1"\E; <;. E~~oo\,:)tf) AN ~IU\)' 0
DOCUMENT TYPE: (lC) IN \1<.A-eT
YEAR: \qG<6
BOX NUMBER: ~
. FILE NUMBER: I Y 09). .
NUMBER OF PAGES:
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STATE Oli' GEORGIA )
COUNTY OF RICHMOND )
CONTRACT
This Contract is entered into on and as of ~ IS- , 1998,
by and between Augusta, Georgia, by and throu the Augusta-
Richmond County Commission ("Augusta"), and James E. Goodman d/b/a
Goodman studio ("Goodman"). This contract is prepared in accordance
with thE~ Purchasing Code of Augusta-Richmond County and shall be
controlled by the provisions thereof.
1. SCOPE OF WORK; SCHEDULE
a. Scope of Work. Goodman shall provide professional
photographers to take both team and indi vidual photographs of
patrons (the "Patrons") of the Augusta-Richmond County Recreation
and Parks Department (the "Department") who are participating in
team sports through said Department. Goodman shall at all times
'provide sufficient personnel, with the requisite qualifications and
abilitiE!s, to perform the services outlined herein, and all tasks
and services shall be performed in accordance with recognized and
customarily accepted industry practices.
b. Schedule. The Department shall provide Patrons with
two (2) dates, together with a time schedule, on which individual
and tearo! photographs may be taken by Goodman, and Goodman shall be
available to perform its services on all chosen dates and times.
Said dates shall be in the general time frame as follows:
i.
Football/Cheerleading/Soccer seasons:
September - Early October, 1998;
Late
ii. Baseball/Softball seasons: May - June, 1999;
and
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iii. Basketball season: Late December, 1998
Early January, 1999.
The Department may designate additional dates and times
for additional photographs of additional teams and/or individuals
and Goodman shall be available likewise on said additional dates;
provided, however, that dates designated by the Department shall be
the only dates on which individual and/or team photographs shall be
taken pursuant to this Contract.
c. Equipment. Goodman shall take all photographs with
equipment of a quality 3lnq capability at least as if specified in
Augusta"s RFP No. 1S.lY U. '18.SI'j,
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d. Sale of Photographs.
i. Price to Patrons. Goodman's sale price of all
individual and team photographs shall be as follows:
(a)
(b)
(c)
(d)
5 X 7 team photograph =
8 X 10 team photograph =
Sports card (12 individual
with statistics listed) =
Package (1 8 X 10 team,
2 5 X 7 individual,
4 wallet-size) =
$3.00
$4.00
$10.50
$10.50
For purposes of this Contract, each of items (a) through
(d) listed above shall count as one (1) Unit.
11. Acceptance of Orders. Prior to accepting a
Patron's order for photographs, Goodman is required to provide the
Patron ~Tith the total sales price for the photographs ordered, to
include the cost of delivery by mail and applicable sales tax.
Payment must be made by the Patron at the time the order is placed
with Goodman. Goodman acknowledges and agrees that Augusta has no
responsibility and/or liability as to the collection of payments
from Patrons for the photographs to be taken by Goodman under this
Contract: .
111. Delivery of photos to Augusta. Goodman shall
deliver to Augusta, at no cost to Augusta and within the same time
frame for delivery to Patrons as set out in section l.d.iv., below,
one '(1) 5 X 7 photograph of each team which is taken by Goodman
under this Contract.
iv. Delivery of photos to Patrons. Goodman shall
deliver orders to Patrons by United States mail, no later than
twenty-one (21) days from the date the photographs which are being
ordered are scheduled (pursuant to Section 1.b., above), to be
taken. Goodman shall not delay delivery based on the failure of
any team and/or individual to appear on one of the scheduled dates.
Failure to meet this 21-day time period may result in immediate
terminat.ion of the Contract by Augusta. No extension of this time
period Dlay be taken without prior written consent of Augusta.
v. Payment to Augusta. In return for Augusta's
agreement to allow Goodman to perform for patrons of the Augusta-
Richmond County Recreation and Parks Department the services
describE~d herein, Goodman shall pay to Augusta the sum of One
Dollar ($1.00) per individual or package of photographs sold by
Goodman to said patrons. Said payment shall be made to Augusta
within fifteen (15) days of delivery of said photographs to said
Patrons by Goodman. Payments not made within this 15-day period
shall hi: subject to an interest payment of 1.5% per month until
paid in full.
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2. INCORPORATION OF DOCUMENTS
The
reference into
following documents are hereby incorporated
this Contract:
. 'J
AUgUStc;l'S~ No. 9fooS;l.; and
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Goodman's response to'~ No. 9i-j12.
by
a.
b.
In the event of any inconsistency between the Augusta's
RFP and Goodman's response, the terms and conditions of the RFP
shall control.
3. TERM; TERMINATION
a. This Contract shall be for a term of one year,
beginning September 1, 1998 and ending August 31, 1999.
b. The parties agree that Augusta may terminate this
Contract: or any work or delivery required hereunder, from time to
time, either in whole or in part. Termination, in whole or in
part, shall be effected by delivery of a Notice- of Termination
signed by the Mayor, mailed or delivered to Goodman, and
specifically setting forth the effective- date of termination.
Upon receipt of such Notice, Goodman shall:
i. Cease any further deliveries or work due unde~ this
Contract, on the date, and to the extent, which may
be specified in the Notice;
ii. Accept no further orders except as may be necessary
to perform that portion of this Contract not
subject to the Notice; and
iii. Use its best efforts to mitigate any damages which
may be sustained by him as a consequence of
termination under this clause.
c. Either party may terminate this Contract, without
further obligation, for the default. of the other party or its
agents or employees with respect to any agreement or provision
contained herein.
d. In the event Goodman sells, transfers or
relinquishes, whether involuntarily or voluntarily, his ownership
interesi: in Goodman Studio, this Contract may be immediately
terminat:ed in the sole discretion of Augusta.
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4. REPORTS REQUIRED
At such time as Goodman completes the provision of all
services outlined herein, and in no event later than August 31,
1999, Goodman shall provide to Augusta: (1) a report detailing the
total number of deliveries of all photographs sold and delivered
pursuant: to this Contract; and (2) a report detailing the total
number of packages of photographs sold and delivered in each
applicable sport's season. Goodman agrees that Augusta'or any duly
authorized representative shall, until the expiration of three (3)
years after final payment hereunder, have access to and the right
to examine and copy any directly pertinent books, documents,
papers, and records of Goodman involving transactions related to
this Contract.
The period of access provided in the paragraphs above for
records, books, documents, and papers which may be related to any
arbitrat.ion, litigation, or the settlement of claims arising out of
the performance of this contract or any subcontract shall continue
until any appeals, arbitration, litigation, or claims shall have
been finally disposed of.
11. MISCELLANEOUS
a. Entire agreement. This Contract, . and any and all
exhibits thereto, and/or documents' incorporated by reference into
this Contract, shall constitute the whole agreement between the
parties. There are no promises, terms, condition, or obligations
other t:han those contained herein, and this Contract shall
supersede all previous communications, representations, or
agreements, written or verbal, between the parties hereto related
to the provision for Services described herein.
b. Venue. All claims, disputes and other matters in
question between Augusta and Goodman arising out of or relating to
the Agreement, or the breach thereof, shall be decided in the
superior Court of Richmond County, Georgia. The Contractor, by
executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the
Superior Court of Richmond County, Georgia.
c. Governing law. This Contract shall be governed by,
and construed in accordance with, the laws of the State of Georgia.
d. Time of the .essence. Time shall be of the essence
to this Contract, except where it is herein specifically provided
to the contrary. Goodman shall provide the contract services in
accordance with the schedules set forth herein.
e. No assignment. Neither this Contract, nor any part
hereof, may be assigned by Goodman to any other party without the
prior express written permission of Augusta.
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f. Modifications. All modifications and changes to
this Contract shall be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have set their hands and seals
as of the date first written above.
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ATTEST:
GOODMAN STUDIO
/~.
E. Goodman
5
, FRON~: RECREATI0NDEPARTMENT
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PHONE NO.
7067964099
Feb. 19 1999 04:13PM P3
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RF'C:RF'ATION ANn PARKS
TOM F. BECK, JR, DIRECTOR
ZOZ7 l...uMPKIr< ROAO
P.O. sox SS9G
ROBERT HOWARD, ASSISTANT DIRECTOR
AUGUSTA. GA 3091 f;j-sS96
(706) 796-502.5 FAX (706)796-4099
BID: ATHLETIC TEAM PHOTOGRAPHS FOR AUGUSTA RECREATION AND PARKS DEPARTMENT
GENERAL INFORMA TION/SPECIFICA TrONS:
1. Bid to be for Calendar Year September 1998-August 1999. Firs! photos to betaken at the beginning of Youth
Football/Cheerleading/Soccer Seasons (Late SeptemberlEarly October). Other photos to be taken at beginning
of Baseball/Softball season (May/J une 1999) and any other events that may take place.
2. All organized bidders must have: City/County Business License
State of Georgia Sales Tax Number
Federal Tax Number
r3J. All photosto be taken with a medium format camera designed to handle 120/220/135 mm color fllm.
"( Augusta Recreation and Parks Department to arrange initial time and place of photo.
5. Bidder must deliver one (1) photo (5 x 7) of each team to the Recreation Deparunent for County records.
~ All photographs to be paid for by the buyer at time of taking.
Y Photos to be individually packaged and mailed to the buyer by the photography studio no later than fourteen
(14) days past photo date.
C~. Bidder to submit sales price of packages offered to each participant and must indude sales tax and cost of
mailing.
9. Bid accept.anc(~ will be based only on the following units: (Bidder must bid on all items listed below).
Your sales price:
5 x 7 Team
8 x lOT earn
Sports Cards (12 individual with stats
Package 1 (18 x 10 team, 25 x 7 indiv., 4 wallets)
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NOTE: Each of the five (5) items listed above for quote constitutes one (l) unit.
(Additional packages may belisted as an option on photographer's price sheet, if desired.)
Successful bidder to pay $1.00 per each unit (to include all packages advertised/sold). Payment must be made
to the Augusta Recreation and Parks Department within 15 days of delivery of all photos.
Bidder to submit annual report at the end of the bid year stating total number of delivery of all photos.
Bidder to submit annual report at the end of the bid year stating total number of packages sold in each season.
For additional inforrn,ation, please contact Tony Miller P.O. Box 5596 Augusta, GeorgiaJ0916-5596 (706) 796-5025
BID SUBMITTED BY:
NAME
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" . PHONE NO. : 7067964099
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BID DATE:
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All phoqrDpl~ CO be pai4 fbf b)' GI,e buyOr &It time ~
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