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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: '7 : -,r.;. - -' ,. .. .,. .' 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 o 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, 1 : \'r. .~. " 0;;- 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. 2 : . '. '... -- 2. INCORPORATION OF DOCUMENTS The reference into following documents are hereby incorporated this Contract: . 'J AUgUStc;l'S~ No. 9fooS;l.; and . t2...; tI 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. 3 ,.' .; .. 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. 4 '0- . . . ~ 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. -'0'-"\ :Ti"l, :~ ..,.....~ \ . '. ATTEST: GOODMAN STUDIO /~. E. Goodman 5 , FRON~: RECREATI0NDEPARTMENT .. '.. . .. . PHONE NO. 7067964099 Feb. 19 1999 04:13PM P3 ~ r---. 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) ~O. 11 1 . 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 $1.00 per each unit (to include all packages advertised/sold). Payment must be made to the Augusta Recreation and Parks Department within 15 days of delivery of all photos. Bidder to submit annual report at the end of the bid year stating total number of delivery of all photos. Bidder to submit annual report at the end of the bid year stating total number of packages sold in each season. For additional inforrn,ation, please contact Tony Miller P.O. Box 5596 Augusta, GeorgiaJ0916-5596 (706) 796-5025 BID SUBMITTED BY: NAME COMP ANY r'DRESS ZIP ...r.;IRO.M~-: . RECREAT 10NDEPARTMENT " . PHONE NO. : 7067964099 i 8::' : :2-1 997 S :'~2lA:--1 ~ ;:-~CJ~1 A;::(C PuR':~i:l.S 1 NG 70882' 28 I Feb. 19 1999 04:12PM P2 '-". :> ,1..L..\..:l".l-'" J""""'w....' Itt'll.l",ol" , 'IV' '. . '., . -.,.- '".''' /~CHMo';D';':' ~-')- , ;. ,~-:~ ~ .,-~~_/,. I i Zi1Z'1 ~ ltM4 P.Q. -- ~ ~~son.5~ AUGUSTA-RICHMOND COVNTY= ~ ~ RECREATION AND PARKS DEPART1\1ENT . ~'" iT. lJcd:. Jr. Iv J]WcJIJ' - " lltlbtrl H~ AJIiJIlmI OV'Cti/)r BID: Ann..rnC TEo'M. PH01'OORt\rHS fOR AUQUSiA- RICHMOND (..'()UNTY RBCJ(E.A TLON A.ND pARKS DEPARTMEN" BID DATE: f?;o. #. 7' r!>-- ..J / ..;L ~~ .s. ;9. b~ n-ll'OltMA'J10N~mCATTONS: ;1- 'B~ to be fai all~ '"'!car ~ 1997 - A~ 1991. Pint plu)t.o~ CO be Q)am at ~jng orY~!h ~~~l~~oe:ocr~ (L* ~beriP..lIr'l;y~) o=r}'bo<OI tg, be Qlkc at bqpml~ or Baslcdball ~ ~ ~ 1"7) llDd ~ (ho beJ;inn~ of Bzl;ebaJlISoMmll SAl5Qn (Jrf:1:yIJVM lWT) AI14::AY (lCbcrr ~ 1bal1llZ1 takI: p~ All ~ t~ mu.&1 Mrt: ~JColIZlSy BAiness Uowse S~ of~ Sales TIlr. ~ Fedaa1 Tnx N~bec AD ~!51O ~ tnkCIII wi1h IL ~ fQOlllld ~ ~ to ~dk \201220/1:35 mraoolor fUm~ ~ lInCIi Parks ~ to ~ Inlti:aJ. tWe a&Ul p~ot'pbDUt. Bidder m_ cld1Yer Dati pba!o (S~7) of cacb -.m Co t!le ~ ujtsoD ~ (or Coaaty nco.-d$. All phoqrDpl~ CO be pai4 fbf b)' GI,e buyOr &It time ~ PllotDt 10 be hldMdaall1 ~...CC'll-"'''''W tG allll! bdW'l' It7 Ill" nh~ st~ie 1Kl1ll~t' thIln fOJartH1\ 114) ~ DInt ~SSI.M1f: Bidder to ~1riI tale prlce of~ ofI<<'ed 10 Ul;h ~ -an<lllnlst ~DClude pll~ +:to... ",nd--/:'Mt (Sr m~tllnL Bld 'lC~e \lnll be based 0QJy qa ~ fbIlowiDg ms.lt5: CBi&Ia" m.m bid'oa all itlrCDs U~ belmw.) 'V0II1' sAkt price: ~ -ream. l ~ BxIOTc;acJl ~ - ~- -= . ...- -l" .....;.Iuol.... .....). ~t!5. PllIPkoge 1 (1 8XI0 CIrSm. 2 ~ Iddiv.) _ LO.. p_ 2 l\ ........., 2 ..., ",,1.., 4 "~"") ~ - - 2... .4- S. :6. .7. NOlr. ~ wf tilt, tIYe Items bstad &bOn tor qlSOI4! ~tutes OI1~ (1) '1IlIit. : 10. S~ul bjdder to pay $ \.00 pn' each Mln (10 ~ all ~ II4vc:nise4'~1Q). Pa)'ll\Cln1 &~ be..wOe to tht. A\li\l~lti~l~o~ CoualY Ile~ md Parks ~alt witlWl1 S day, or dWYCY Q'f 1111 photOS. (Additicma1 ~ Il'8)' be ll~t.-d as iJI1 optiO!l _ pbotogrnpb.er'J pci~ !:beet. if ck$ir~ . : 11, BIdder to ~Iiomit &Q1I111:1t ~rt lit Ibct'lld of bid year S1Ilriat tot!lll\l'tll\leT of ~kAgc:s sold in e&\:h ,e:ason. . fondditWMl lA!omtlltiocl, pleze ~OlJ~ nmy Miller P.O. ~ sS96 AugIU!ll. <lcorgim 309l6lS~. Teloohonc- (706)'96- : S02S. , . BW SUDMlrmDJY:;:: I - - J. ...,Mt . :l~r-m_"'.-t ~~ CO,,"AN'(~ />1"'" ADImESS?~3' NI r; /4I(jr1.~ ~,,3tff6ro jJwUfUS (1fJdJ 1fJ6-SQ2S F(I%.(1~) 1~ ~J.o ZJ?609C,0 .~.